Chapter 3737: FIRE MARSHAL; FIRE SAFETY

(A) "Assistant fire marshal" means any person who is
employed by the fire marshal and who carries out specific duties assigned by
the fire marshal, including, but not limited to, enforcement of Chapters 3731.,
3737., and 3743. of the Revised Code, fire inspection, fire code enforcement,
fire investigation, fire prevention, or the regulation of underground storage
tank systems as defined in section
3737.87 of the Revised Code.

(C) "Fire agency" means any state
or local fire service or agency whose function is to examine the property of
another person for the purpose of identifying fire safety hazards.

(D) "Fire safety inspector" means any person
who is a member of the civil service, as defined in section
124.01 of the Revised Code, or who
is employed by or voluntarily serves a village or township, and who examines
the property of another person for the purpose of identifying fire safety
hazards.

(E) "Person," in
addition to the meaning in section
1.59 of the
Revised Code, means the state and any political subdivision of the state, and
any other entity, public or private.

(F) "Responsible person" means the person responsible
for compliance with the state fire code, including, but not limited to, the
owner, lessee, agent, operator, or occupant of a building, premises, or
vehicle.

(A) The fire marshal may collect fees to cover the
costs of performing inspections and other duties that the fire marshal is
authorized or required by law to perform. Except as provided in division (B) of
this section, all fees collected by the fire marshal shall be deposited to the
credit of the fire marshal's fund.

(1) All of the following shall be credited to the
underground storage tank administration fund, which is hereby created in the
state treasury:

(a) Fees collected
under sections 3737.88 and 3737.881 of the Revised Code for operation of the
underground storage tank and underground storage tank installer certification
programs;

(b) Moneys recovered
under section 3737.89 of the Revised Code for the state's costs of undertaking
corrective or enforcement actions under that section or section 3737.882 of the
Revised Code;

(c) Fines and
penalties collected under section 3737.882 of the Revised Code

and other moneys,
including corrective action enforcement case settlements or bankruptcy case
awards or settlements, received by the fire marshal under sections 3737.88 to
3737.89 of the Revised Code.

(2) All interest
earned on moneys credited to the underground storage tank administration fund
shall be credited to the fund. Moneys credited to the underground storage tank
administration fund shall be used by the fire marshal for implementation and
enforcement of underground storage tank, corrective action, and installer
certification programs under sections 3737.88 to 3737.89 of the Revised Code.

(C) There is hereby created in the state treasury the
underground storage tank revolving loan fund. The fund shall consist of amounts
repaid for underground storage tank revolving loans under section 3737.883 of
the Revised Code and moneys described in division (B)(1)(c) of this section
that are allocated to the fund in accordance with division (D)(1) of this
section. Moneys in the fund shall be used by the fire marshal to make
underground storage tank revolving loans under section 3737.883 of the Revised
Code.

(1) If the director of
commerce determines that the cash balance in the underground storage tank
administration fund is in excess of the amount needed for implementation and
enforcement of the underground storage tank, corrective action, and installer
certification programs under sections 3737.88 to 3737.89 of the Revised Code,
the director may certify the excess amount to the director of budget and
management. Upon certification, the director of budget and management may
transfer from the underground storage tank administration fund to the
underground storage tank revolving loan fund any amount up to, but not
exceeding, the amount certified by the director of commerce, provided the
amount transferred consists only of moneys described in division (B)(1)(c) of
this section.

(2) If the director of
commerce determines that the cash balance in the underground storage tank
administration fund is insufficient to implement and enforce the underground
storage tank, corrective action, and installer certification programs under
sections 3737.88 to 3737.89 of the Revised Code, the director may certify the
amount needed to the director of budget and management. Upon certification, the
director of budget and management may transfer from the underground storage
tank revolving loan fund to the underground storage tank administration fund
any amount up to, but not exceeding, the amount certified by the director of
commerce.

(E) The fire marshal shall take all actions necessary
to obtain any federal funding available to carry out the fire marshal's
responsibilities under sections 3737.88 to 3737.89 of the Revised Code and
federal laws regarding the cleaning up of releases of petroleum, as "release"
is defined in section 3737.87 of the Revised Code, including, without
limitation, any federal funds that are available to reimburse the state for the
costs of undertaking corrective actions for such releases of petroleum. The
state may, when appropriate, return to the United States any federal funds
recovered under sections 3737.882 and 3737.89 of the Revised Code.

(A)
Conduct research, make and publish reports on fire safety, and recommend to the
governor, the general assembly, the board of building standards, and other
state agencies, any needed changes in the laws, rules, or administrative
policies relating to fire safety;

(B)
Recommend revisions in the rules included in the state fire code adopted by the
fire marshal. The recommendations may propose the adoption of new rules or the
amendment or repeal of existing rules. The council
shall file its recommendations in the office of the fire marshal, and, within
sixty days after the recommendations are filed, the fire marshal shall file
with the chairperson of the council
the fire marshal's comments on, and proposed action in response to, the
recommendations.

(C) Maintain the Ohio fire service hall of fame. In
maintaining the hall of fame, the council
shall keep official commendations that recognize and commemorate exemplary
accomplishments and acts of heroism by firefighters and other persons at
fire-related incidents or similar events occurring in the state. The
council may adopt criteria and guidelines for
selecting individuals for that recognition and commemoration. The recognition
and commemoration of individuals may occur annually and include an annual
awards ceremony. The expenses associated with the recognition and commemoration
of individuals shall be paid in accordance with division (F) of section
3737.81 of the Revised
Code.

(A) The fire
marshal, any assistant fire marshal, the chief of the fire department of each
municipal corporation where a fire department is established, the chief of the
fire department in each township where a fire department is established, and
such members of any such departments as may be designated by such chief, the
fire prevention officer of a municipal corporation where no fire department
exists, or the fire prevention officer of a township where no fire department
is established, at all reasonable hours, may enter into all buildings and upon
all premises and vehicles within their jurisdiction for the purpose of
examination.

(B) No building that
contains asbestos shall be burned for the purpose of instruction in the methods
of fire fighting or research in the control of fires.

(C) Notwithstanding section
3745.11 of the Revised Code, the
notification fee established under division (G) of that section does not apply
to a notification made in accordance with division (D) of this section that
involves a building, formerly in use as a residence, that contains four or less
dwelling units, has an overall floor area of less than ten thousand square
feet, and is used by a volunteer fire department for the purpose of instruction
in the methods of fire fighting or research in the control of fires.

(D) The chief of any volunteer fire
department or his designee shall notify the environmental protection agency, in
writing, of any scheduled burning of a building, as described in division (C)
of this section, that is being used for the purpose of instruction in the
methods of fire fighting or research in the control of fires.

(A) The fire
marshal, any assistant fire marshal, the chief of the fire and explosion
investigation bureau established pursuant to section
3737.22 of the Revised Code, the
chief of a fire department of any municipal corporation or township where a
fire department is established, the fire prevention officer of any municipal
corporation or township where no fire department exists, any federal, state, or
local law enforcement agency, or the prosecuting attorney of any county may
request any insurance company that has investigated or is investigating a fire
loss or potential fire loss of real or personal property to release any
information in its possession relative to that loss or potential loss. The
company shall release the information and cooperate with any official
authorized to request the information under this section. The information shall
include, but is not limited to, the following:

(1) Any insurance policy relevant to a fire
loss under investigation and any application for such a policy;

(3) History of previous claims made
by the insured or previous insureds for fire loss;

(4) Material relating to the investigation of
the loss or potential loss, including statements of any person, proof of loss,
and any other relevant evidence.

(B) If an insurance company has reason to suspect that
a fire loss to its insured's real or personal property was caused by incendiary
means, the company shall notify the fire marshal and the prosecuting attorney
of the county in which the loss occurred, and furnish them with all relevant
material acquired during its investigation of the fire loss, cooperate with and
take such action as may be requested of it by any federal, state, or local law
enforcement agency, and permit any other person ordered by a court to inspect
any of its records pertaining to the policy and the loss.

(C) If an agency, official, or officer mentioned in
division (A) or (B) of this section has received information under those
divisions from an insurance company that has investigated or is investigating a
fire loss of real or personal property, the agency, official, or officer may
release to, and share with, the insurance company any information in the
agency's, official's, or officer's possession relative to the loss, upon the
request of the insurance company.

(D) In the absence of fraud or malice, no insurance
company, or person who furnishes information on its behalf, is liable in
damages in any civil action, including any action brought pursuant to section
1347.10 of the Revised Code, or
subject to criminal prosecution for any oral or written statement made or any
other action taken that is necessary to supply information required under this
section.

(E) Except as otherwise
provided in division (C) of this section, the officials and departmental and
agency personnel receiving any information furnished under this section shall
hold the information in confidence until such time as its release is required
pursuant to a criminal or civil proceeding.

(F) Any official referred to in division (A) of this
section may testify as to any information in the official's possession
regarding the fire loss of real or personal property in any civil action in
which any person seeks recovery under a policy against an insurance company for
the fire loss.

(G) As used in
this section, "insurance company" includes the Ohio fair plan underwriting
association as established in section
3929.43 of the Revised Code.

(1) No person shall purposely refuse to release any
information requested, pursuant to division (A) of this section, by an agency,
official, or officer authorized to request the information by that division.

(2) No person shall purposely
refuse to notify the fire marshal and prosecuting attorney of a fire loss
required to be reported under division (B) of this section.

(3) No person shall purposely refuse to
supply the fire marshal and prosecuting attorney with pertinent information
required to be furnished under division (B) of this section.

(4) No person shall purposely fail to hold
in confidence information required to be held in confidence by division (E) of
this section.

(A) As used in this section, a "qualifying small
government" means any of the following:

(1)
A township that has a population of not more than five thousand or, regardless
of its population, is located in a county that has a population of less than
one hundred thousand;

(2)
A municipal corporation that has a population of not more than seven thousand
five hundred;

(3) A fire
district, joint fire district, or fire and ambulance district that shares
territory exclusively with townships or municipal corporations that meet the
conditions of division (A)(1) or (2) of this section.

(B) The state fire marshal shall administer a small
government fire department services revolving loan program under which the
state fire marshal makes loans to qualifying
small governments for the following purposes:

(1)
To expedite purchases of major equipment for fire fighting, ambulance,
emergency medical, or rescue services;

(2)
To expedite projects for the construction or renovation of fire department
buildings.

A loan for either
purpose under the small government fire department services revolving loan
program is not to carry interest, and is to be repaid within a term of not
longer than twenty years. A qualifying small government is not eligible to
receive a loan for a project or purchase under the program unless the
qualifying small government contributes to the project or purchase an amount
equal to at least five per cent of the loan amount.

(C) A qualifying small government may apply to the
state fire marshal for a loan under the small
government fire department services revolving loan program. In its application,
the qualifying small government shall explain how it qualifies for the loan,
describe the project or purchase for which it is requesting a loan, state the
amount of the loan it requests, and state the amount it is prepared to
contribute to the project or purchase. The qualifying small government shall
provide additional information to support its application for a loan under the
program as requested by the state fire
marshal.

(D) The state fire
marshal, in accordance with Chapter 119. of the Revised Code, shall adopt rules
for the administration of the small government fire department services
revolving loan program.

(E) There is hereby created
in the state treasury the small government fire department services revolving
loan fund, into which shall be deposited repayments by qualifying small
governments of loans authorized under this section. The fund also shall consist
of appropriated money. Investment earnings on money in the fund shall be
credited to the fund. The state fire marshal shall use the money credited to
the fund to make loans to qualifying small governments as described in this
section. The state fire marshal may loan money from repaid loans credited to
the fund at any time to qualifying small governments in accordance with this
section.

(A) The director of the department of commerce shall
appoint, from names submitted to the director by the state fire
council, a fire marshal, who shall serve at the
pleasure of the director and shall possess the following qualifications:

(1) A
degree from an accredited college or university with specialized study in
either the field of fire protection or fire protection engineering, or the
equivalent qualifications determined from training, experience, and duties in a
fire service;

(B)
When a vacancy occurs in the position of fire marshal, the director shall
notify the state fire council. The council
shall communicate the fact of the vacancy by regular mail to all fire chiefs
and fire protection engineers known to the council,
or whose identity may be ascertained by the council
by the exercise of due diligence. The council,
no earlier than thirty days after mailing the notification, shall compile a
list of all applicants for the position of fire marshal who are qualified under
this section. The council shall submit the names of at least three
persons on the list to the director. The director shall appoint the fire
marshal from the list of at least three names or may request the
council to submit additional names.

(3) Appoint
assistant fire marshals who are authorized to enforce the state fire
code;

(4) Conduct
investigations into the cause, origin, and circumstances of fires and
explosions, and assist in the prosecution of persons believed to be guilty of
arson or a similar crime;

(5) Compile
statistics concerning loss due to fire and explosion as the fire marshal
considers necessary, and consider the compatibility of the fire marshal's
system of compilation with the systems of other state and federal agencies and
fire marshals of other states;

(6) Engage
in research on the cause and prevention of losses due to fire and
explosion;

(7) Engage
in public education and informational activities which will inform the public
of fire safety information;

(9) Conduct
other fire safety and fire fighting training activities for the public and
groups as will further the cause of fire safety;

(10)
Conduct licensing examinations, and issue permits, licenses, and certificates,
as authorized by the Revised Code;

(11)
Conduct tests of fire protection systems and devices, and fire fighting
equipment to determine compliance with the state fire code, unless a building
is insured against the hazard of fire, in which case such tests may be
performed by the company insuring the building;

(12)
Establish and collect fees for conducting licensing examinations and for
issuing permits, licenses, and certificates;

(13) Make
available for the prosecuting attorney and an assistant prosecuting attorney
from each county of this state, in accordance with section
3737.331 of the Revised Code, a
seminar program, attendance at which is optional, that is designed to provide
current information, data, training, and techniques relative to the prosecution
of arson cases;

(15)
Develop a uniform standard for the reporting of information required to be
filed under division (E)(4) of section
2921.22 of the Revised Code, and
accept the reports of the information when they are filed.

(B) The fire marshal shall appoint a chief deputy fire
marshal, and shall employ professional and clerical assistants as the fire
marshal considers necessary. The chief deputy shall be a competent former or
current member of a fire agency and possess five years of recent, progressively
more responsible experience in fire inspection, fire code enforcement, and fire
code management. The chief deputy, with the approval of the director of
commerce, shall temporarily assume the duties of the fire marshal when the fire
marshal is absent or temporarily unable to carry out the duties of the office.
When there is a vacancy in the office of fire marshal, the chief deputy, with
the approval of the director of commerce, shall temporarily assume the duties
of the fire marshal until a new fire marshal is appointed under section
3737.21 of the Revised Code.

All employees, other
than the fire marshal; the chief deputy fire marshal; the superintendent of the
Ohio fire academy; the grants administrator; the fiscal officer; the executive
secretary to the fire marshal; legal counsel; the pyrotechnics administrator,
the chief of the forensic laboratory; the person appointed by the fire marshal
to serve as administrator over functions concerning testing, license
examinations, and the issuance of permits and certificates; and the chiefs of
the bureaus of fire prevention, of fire and explosion investigation, of code
enforcement, and of underground storage tanks shall be in the classified civil
service. The fire marshal shall authorize the chief deputy and other employees
under the fire marshal's supervision to exercise powers granted to the fire
marshal by law as may be necessary to carry out the duties of the fire
marshal's office.

(C) The fire marshal shall create, in and as a part of
the office of fire marshal, a fire and explosion investigation bureau
consisting of a chief of the bureau and additional assistant fire marshals as
the fire marshal determines necessary for the efficient administration of the
bureau. The chief shall be experienced in the investigation of the cause,
origin, and circumstances of fires, and in administration, including the
supervision of subordinates. The chief, among other duties delegated to the
chief by the fire marshal, shall be responsible, under the direction of the
fire marshal, for the investigation of the cause, origin, and circumstances of
fires and explosions in the state, and for assistance in the prosecution of
persons believed to be guilty of arson or a similar crime.

(1) The fire
marshal shall create, as part of the office of fire marshal, a bureau of code
enforcement consisting of a chief of the bureau and additional assistant fire
marshals as the fire marshal determines necessary for the efficient
administration of the bureau. The chief shall be qualified, by education or
experience, in fire inspection, fire code development, fire code enforcement,
or any other similar field determined by the fire marshal, and in
administration, including the supervision of subordinates. The chief is
responsible, under the direction of the fire marshal, for fire inspection, fire
code development, fire code enforcement, and any other duties delegated to the
chief by the fire marshal.

(2) The fire marshal, the chief deputy fire marshal,
the chief of the bureau of code enforcement, or any assistant fire marshal
under the direction of the fire marshal, the chief deputy fire marshal, or the
chief of the bureau of code enforcement may cause to be conducted the
inspection of all buildings, structures, and other places, the condition of
which may be dangerous from a fire safety standpoint to life or property, or to
property adjacent to the buildings, structures, or other places.

(E) The fire marshal shall create, as a part of the
office of fire marshal, a bureau of fire prevention consisting of a chief of
the bureau and additional assistant fire marshals as the fire marshal
determines necessary for the efficient administration of the bureau. The chief
shall be qualified, by education or experience, to promote programs for rural
and urban fire prevention and protection. The chief, among other duties
delegated to the chief by the fire marshal, is responsible, under the direction
of the fire marshal, for the promotion of rural and urban fire prevention and
protection through public information and education programs.

(F) The fire marshal shall cooperate with the director
of job and family services when the director adopts rules under section
5104.052 of the Revised Code
regarding fire prevention and fire safety in licensed
type B family day-care homes, as defined in section
5104.01 of the Revised Code,
recommend procedures for inspecting type B homes to determine whether they are
in compliance with those rules, and provide training and technical assistance
to the director and county directors of job and family services on the
procedures for determining compliance with those rules.

(G) The fire marshal, upon request of a provider of
child care in a type B home that is not licensed
by the director of job and family
services, as a precondition of approval by the state board of education under
section 3313.813 of the Revised Code for
receipt of United States department of agriculture child and adult care food
program funds established under the "National School Lunch Act," 60 Stat. 230
(1946), 42 U.S.C.
1751, as amended, shall inspect the type B
home to determine compliance with rules adopted under section
5104.052 of the Revised Code
regarding fire prevention and fire safety in licensed
type B homes. In municipal corporations and in townships where there is a
certified fire safety inspector, the inspections shall be made by that
inspector under the supervision of the fire marshal, according to rules adopted
under section
5104.052 of the Revised Code. In
townships outside municipal corporations where there is no certified fire
safety inspector, inspections shall be made by the fire marshal.

(A) As used
in this section, "motor vehicle" has the same meaning as in section
4511.01 of the Revised Code.

(B) The office of the fire
marshal is liable for injury, death, or loss to person or property caused by
the negligent operation of any motor vehicle by its employees upon the public
roads, highways, or streets in the state when the employees are engaged within
the scope of their employment and authority, without regard to the proximity of
that operation to the office of the fire marshal. Notwithstanding division
(A)(1) of section
2743.02 of the Revised Code, a
full defense to that liability is that if the fire marshal, the chief deputy
fire marshal, or an assistant fire marshal was operating the motor vehicle, the
fire marshal, chief deputy fire marshal, or assistant fire marshal was acting
within the scope of division (A)(2), (4), or (14) of section
3737.22, or section
3737.24 or
3737.26, of the Revised Code and
the operation of the vehicle did not constitute willful or wanton misconduct.

(C) The fire marshal, the chief
deputy fire marshal, and any assistant fire marshal is immune from liability
for injury, death, or loss to person or property caused by the operation of any
motor vehicle upon the public roads, highways, or streets in the state when
acting within the scope of division (A)(2), (4), or (14) of section
3737.22, or section
3737.24 or
3737.26, of the Revised Code,
without regard to the proximity of that operation to the office of the fire
marshal, unless one of the following applies:

(1) The operation of the vehicle was
manifestly outside the scope of the employee's employment or official
responsibilities.

(2) The operation
of the vehicle constituted willful or wanton misconduct.

The fire marshal shall keep in his office a record of all fires
occurring in the state, the origin of such fires, and all facts, statistics,
and circumstances relating thereto which have been determined by
investigations. Except for the testimony given upon an investigation, such
record shall be a public record and such portions thereof, as the
superintendent of insurance considers necessary, shall be transcribed and
forwarded to the superintendent within fifteen days from the first day of
January each year.

The fire marshal and the chief of the fire department of each
municipal corporation in which a fire department is established, the chief of
the fire department in each township in which a fire department is established,
the chief of the fire department of a joint fire district, or the fire
prevention officer in each township or village where no fire department is
established, shall investigate the cause, origin, and circumstances of each
major fire, as determined by the rules of the fire marshal, occurring in such
municipal corporation, joint fire district, or township by which property has
been destroyed or damaged, and shall make an investigation to determine whether
the fire was the result of carelessness or design. The investigation shall be
commenced within two days, not including Sunday, if the fire occurred on that
day. The marshal may superintend the investigation.

An officer making an investigation of a fire occurring in a
municipal corporation, joint fire district, or township shall forthwith notify
the marshal, and within one week of the occurrence of the fire shall furnish
him a written statement of all facts relating to its cause and origin and such
other information as is required by forms provided by the marshal.

In the performance of the duties imposed by Chapter 3737. of
the Revised Code, the marshal and each of his subordinates, and any other
officers mentioned in this section, at any time of day or night, may enter upon
and examine any building or premises where a fire has occurred, and other
buildings and premises adjoining or near thereto.

If in the opinion of the fire marshal further investigation is
necessary, he, or an assistant fire marshal, shall take or cause to be taken
the testimony on oath of all persons supposed to be cognizant of any facts, or
to have means of knowledge in relation to the matter concerning which an
examination is required to be made, and cause such testimony to be reduced to
writing.

If the fire marshal or an assistant fire marshal determines
that there is evidence sufficient to charge a person with arson or a similar
crime, or with a violation of section
3737.62 of the Revised Code, the
marshal or assistant marshal may arrest the person or cause the person to be
arrested and charged with the offense. The fire marshal or assistant fire
marshal shall provide the prosecuting attorney the evidence, the names of
witnesses, and a copy of material testimony taken in the case.

The fire marshal or an assistant fire marshal may summon and
compel the attendance of witnesses to testify in relation to any matter that is
a proper subject of inquiry or investigation, and may require the production of
any book, paper, document, or record, regardless of physical form or
characteristic.

The fire marshal or an assistant fire marshal may administer an
oath to any person appearing as a witness before the fire marshal or assistant
fire marshal. No witness shall refuse to be sworn, refuse to testify, disobey
an order of the fire marshal or an assistant fire marshal, or fail or refuse to
produce a book, paper, document, or record, regardless of physical form or
characteristic, concerning a matter under examination, or be guilty of
contemptuous conduct after being summoned by the fire marshal or an assistant
fire marshal to appear before the fire marshal or assistant fire marshal to
give testimony in relation to a matter or subject under investigation.

Investigation by or under the direction of the fire marshal may
be private. The marshal may exclude from the place where such investigation is
held all persons other than those required to be present, and witnesses may be
kept separate from each other and not allowed to communicate with each other
until they have been examined.

When required by the superintendent of insurance, the fire
marshal shall report his proceedings, the progress made in all prosecutions for
arson and similar crimes, and the result of all cases finally disposed of.

The fire marshal shall, upon the request of any sheriff or
mayor, investigate any bombing and shall work with local law enforcement
officials in the apprehension of any person participating in any bombing.

The fire marshal shall establish and conduct a training school
for firemen, including volunteer firemen, of any political subdivision of the
state, and for other persons interested in the vocation of firefighting and
desiring to attend. The school shall be known as the Ohio fire academy.

The fire marshal shall establish the training program and all
rules governing qualifications for admission to the academy. He may require
competitive examinations to determine the fitness of prospective trainees so
long as the examinations or other criteria for admission to the academy are not
inconsistent with Chapter 124. of the Revised Code.

The fire marshal shall determine reasonable tuition costs and
other fees which shall be charged for the courses of instruction or other
programs offered by the academy. In determining these tuition costs and other
fees, the fire marshal shall take into consideration any moneys received from
the state fire marshal fund pursuant to section
3737.71 of the Revised Code. The
costs of acquiring and equipping the academy shall be paid from appropriations
made by the general assembly to the fire marshal for that purpose, or from
gifts or grants received for that purpose.

The firemen, during the period of their training, shall receive
compensation as determined by the political subdivision which sponsors them.
Such political subdivisions may pay the tuition costs of the firemen they are
sponsoring.

The fire marshal, after consultation with prosecuting attorneys
of this state selected with due regard for geographic, urban, and rural
representation, shall make available a seminar program, attendance at which is
optional, that is designed to provide the prosecuting attorney and an assistant
prosecuting attorney from each county of this state with current information,
data, training, and techniques relative to the prosecution of arson cases. The
fire marshal shall cooperate with the attorney general in the establishment of
the seminar program. The fire marshal shall offer the seminar program at least
twice annually.

Each prosecuting attorney may personally attend, or may require
an assistant prosecuting attorney to attend, one of the seminar programs
annually. While attending a seminar program offered by the fire marshal, each
prosecuting or assistant prosecuting attorney shall receive his full regular
compensation from the county by which he is employed.

No person shall serve as a fire safety inspector for any fire
agency unless he has received a certificate issued under former section
3303.07 or section
4765.55 of the Revised Code
evidencing his satisfactory completion of a fire safety inspector training
program.

(A) If the
fire marshal, an assistant fire marshal, or any certified fire safety
inspector, upon an examination or inspection, finds a building or other
structure, which for want of proper repair, by reason of age and dilapidated
condition, defective or poorly installed electrical wiring and equipment,
defective chimneys, gas connections, or heating apparatus, or for any other
reason, is especially liable to fire or endangers life or other buildings or
property, such officer shall issue a citation and order such building or
structure to be repaired, torn down, demolished, or materials removed, and all
dangerous conditions remedied.

(B) If such officer finds in a building or upon any
premises any combustible or explosive material, rubbish, rags, waste, oils,
gasoline, or inflammable conditions of any kind, which are especially dangerous
to the safety of persons or such building, premises, or property, he shall
issue a citation and order such materials removed or conditions remedied.

(C) If such officer finds that
any building, structure, tank, container, or vehicle used for the storage,
handling, or transportation of flammable or combustible liquids, or of
liquefied petroleum gas, or the pumps, piping, valves, wiring, and materials
used in connection therewith, are especially dangerous to the safety of persons
or such building, structure, tank, container, or vehicle, he shall issue a
citation and order such condition remedied.

(D) The fire marshal, an assistant fire marshal, or
any certified fire safety inspector may proceed, on a citation issued under
this section, to seek enforcement by use of the procedures established by
section 3737.43 or
3737.44 of the Revised Code.

(A) If, upon
inspection or investigation, the fire marshal, an assistant fire marshal, or a
certified fire safety inspector believes that the state fire code or an
associated order has been violated, the fire marshal, assistant fire marshal,
or certified fire safety inspector shall, with reasonable promptness, issue a
citation to the responsible person. Each citation shall be in writing and shall
describe with particularity the nature of the violation, including a reference
to the provision of the state fire code or associated order alleged to have
been violated. In addition, the citation shall fix a reasonable time for the
abatement of the violation. When the citation is issued by a certified fire
safety inspector or an assistant fire marshal, a copy of the citation shall be
furnished to the fire marshal.

(B) The fire marshal may prescribe procedures for the
issuance of a notice in lieu of a citation with respect to de minimis
violations that have no direct or immediate relationship to safety or health.

(C) Each citation issued under
this section, or a copy or copies of the citation, shall be prominently posted
by the responsible person, as prescribed in the state fire code, at or near
each place a violation referred to in the citation occurs.

(A) If, after
an inspection or investigation, the fire marshal, an assistant fire marshal, or
a certified fire safety inspector issues a citation under section
3737.41 or
3737.42 of the Revised Code, the
issuing authority shall, within a reasonable time after such inspection or
investigation and in accordance with Chapter 119. of the Revised Code, notify
the responsible person of the citation and penalty, if any, proposed to be
assessed under section
3737.51 of the Revised Code, and
of the responsible person's right to appeal the citation and penalty, under
Chapter 119. of the Revised Code, to the state board of building appeals
established under section
3781.19 of the Revised Code within
thirty days after receipt of the notice.

(B) If the responsible person is aggrieved by an order
of the board, the person may appeal to the court of common pleas where the
property that is the subject of the citation is located, within thirty days
after the board renders its decision.

(C) As used in this section, "issuing authority" means
the office of the fire marshal, in the case of a citation issued by the fire
marshal or an assistant fire marshal, or the applicable township or municipal
corporation, in the case of a citation issued by a certified fire safety
inspector.

(A) The
courts of common pleas shall have jurisdiction, upon a complaint filed by the
fire marshal, an assistant fire marshal, or a certified fire safety inspector,
to restrain, immediately or before the imminence of such danger can be
eliminated through the enforcement procedures otherwise provided by Chapter
3737. of the Revised Code, any condition or practices in any building or upon
any premises which violate the state fire code and are such that a fire or
explosion hazard exists which could reasonably be expected to cause death or
serious physical harm. Any order issued under this section may require such
steps to be taken as may be necessary to avoid, correct, or remove such
imminent danger.

(B) Upon the
filing of any such complaint the court has jurisdiction to grant such
injunctive relief or temporary restraining order pending the outcome of an
enforcement proceeding pursuant to Chapter 3737. of the Revised Code.

(C) Whenever the fire marshal, an
assistant fire marshal, or a certified fire safety inspector concludes that
conditions or practices described in division (A) of this section exist in any
building or on any premises he shall inform the owner, operator, lessees,
occupants, and other affected persons of the danger and that he is seeking
relief. If necessary to preserve life, the fire marshal, an assistant fire
marshal, or a certified fire safety inspector, if authorized by the fire
marshal or his deputy, may orally order the building or premises vacated
immediately. Such an order shall remain in effect for not more than twenty-four
hours. In addition, the officer making the order shall post written notice in
conspicuous places on the building or premises.

(D) If the fire marshal, an assistant fire marshal, or
a certified fire safety inspector arbitrarily or capriciously fails to seek
relief under this section, any person who may be injured by reason of such
failure may bring an action against the fire marshal, an assistant fire
marshal, or a certified fire safety inspector in the court of common pleas of
the county in which the imminent danger is alleged to exist for a writ of
mandamus to compel the fire marshal, an assistant fire marshal, or certified
fire safety inspector to seek such relief.

If any responsible person fails to comply with an order of the
fire marshal, an assistant fire marshal, or a certified fire safety inspector
as finally affirmed or modified by the state board of building appeals under
section 3737.43 of the Revised Code,
within the time fixed in the order, then the fire marshal, assistant fire
marshal, or certified fire safety inspector may file a complaint in the court
of common pleas of the county where the property is located for a court order
authorizing the fire marshal, assistant fire marshal, or certified fire safety
inspector to cause the building, structure, or premises to be repaired or
demolished, materials to be removed, and all dangerous conditions to be
remedied, if such was the mandate of the order as affirmed or modified by the
state board of building appeals, at the expense of the responsible person. If
the responsible person, within thirty days thereafter, fails, neglects, or
refuses to pay the expense that would be incurred in enforcing the order of the
court of common pleas under this section, the court shall order that the real
estate upon which the building, structure, or premises is or was situated be
sold pursuant to Chapter 2329. of the Revised Code, except as otherwise
provided in this section. The proceeds of the sale shall be credited to the
fire marshal's fund. The fire marshal shall use the proceeds of the sale to
cause the repair or demolition of any building, structure, or premises, the
removal of materials, or the remedy of all dangerous conditions unless the
purchaser of the real estate enters into an agreement with the court to perform
the repair, demolition, removal, or remedy within a time period acceptable to
the court. No bid of a prospective purchaser shall be acceptable which is
insufficient to pay the expense that the fire marshal would incur. If the
amount received from the sale exceeds the expense that the fire marshal would
incur, the court shall direct the payment of the surplus first to those parties
with encumbrances, mortgages, or liens on the real estate in order of their
priority, and then to the responsible person or into the court for its use and
benefit.

Upon the request of the fire marshal, the fire marshal's
authorized representative, or a certified fire safety inspector, the attorney
general, the legal officer of any county or municipal corporation, or the law
director of a township that has adopted a limited home rule government under
Chapter 504. of the Revised Code shall bring an action for an injunction,
temporary or permanent, or any other appropriate proceedings against any person
violating or threatening to violate any provision of the state fire code or any
order issued pursuant thereto in the court of common pleas in the county where
the violation is occurring or is threatened to occur.

This section does not expand, and shall not be construed as
expanding, the authority of the fire marshal, the fire marshal's authorized
representative, or a certified fire safety inspector to enforce any
requirements that are adopted pursuant to Chapter 3781. or 3791. of the Revised
Code or any rules adopted pursuant to section
3781.10 or
3781.11 of the Revised Code.

(A) No person
shall knowingly violate any provision of the state fire code or any order made
pursuant to it.

(B) Any person
who has received a citation for a serious violation of the fire code or any
order issued pursuant to it, shall be assessed a civil penalty of not more than
one thousand dollars for each such violation.

(C) Any person who has received a citation for a
violation of the fire code or any order issued pursuant to it, and such
violation is specifically determined not to be of a serious nature, may be
assessed a civil penalty of not more than one thousand dollars for each such
violation.

(D) Any person who
fails to correct a violation for which a citation has been issued within the
period permitted for its correction, may be assessed a civil penalty of not
more than one thousand dollars for each day during which such failure or
violation continues.

(E) Any
person who violates any of the posting requirements, as prescribed by division
(C) of section
3737.42 of the Revised Code, shall
be assessed a civil penalty of not more than one thousand dollars for each
violation.

(F) Due consideration
to the appropriateness of the penalty with respect to the gravity of the
violation, the good faith of the person being charged, and the history of
previous violations shall be given whenever a penalty is assessed under this
chapter.

(G) For purposes of this
section, a serious violation shall be considered to exist if there is a
substantial probability that an occurrence causing death or serious physical
harm to persons could result from a condition which exists, or from one or more
practices, means, methods, operations or processes which have been adopted or
are in use, unless the person did not and could not with the exercise of
reasonable diligence, know of the presence of the violation.

(H) Civil penalties imposed by this chapter
shall be paid to the fire marshal for deposit into the general revenue fund.
Such penalties may be recovered in a civil action in the name of the state
brought in the court of common pleas of the county where the violation is
alleged to have occurred.

The owner, operator, or lessee of any transient residential
building shall post the provisions of sections
2909.02 and
2909.03 of the Revised Code in a
conspicuous place in each room occupied by guests in such building. The owner,
operator, or lessee of any nontransient residential building, institution,
school, or place of assembly shall post the provisions of such sections in
conspicuous places upon such premises. No person shall fail to comply with this
section.

(A) The
owner, operator, or lessee, an employee of any owner, operator, or lessee, an
occupant, and any person in direct control of any building regulated under the
Ohio building code, upon the discovery of an unfriendly fire, or upon receiving
information that there is an unfriendly fire on the premises, shall
immediately, and with all reasonable dispatch and diligence, call or otherwise
notify the fire department concerning the fire, and shall spread an alarm
immediately to all occupants of the building.

(B) For the purposes of this section, "unfriendly
fire" means a fire of a destructive nature as distinguished from a controlled
fire intended for a beneficial purpose.

No person who is not a certified fire safety inspector shall
act as such or hold himself out to be such, unless prior to commencing any
inspection function, he discloses the purpose for which he is making such
inspection and the fact that he is not employed by any state or local fire
service or agency, and that he is not acting in an official capacity for any
governmental subdivision or agency.

(A) No person
shall sell, offer for sale, or use any fire protection or fire fighting
equipment that does not meet the minimum standards established by the fire
marshal in the state fire code.

(B) Except for public and private mobile fire trucks,
no person shall service, test, repair, or install for profit any fire
protection or fire fighting equipment without a certificate or a provisional
certificate issued by the fire marshal.

(C) The fire marshal shall not issue a provisional
certificate pursuant to division (B) of this section to any individual who is
not enrolled in a bona fide apprenticeship training program registered with the
apprenticeship council pursuant to section
4139.05 of the Revised Code or
with the bureau of apprenticeship and training of the United States department
of labor. A provisional certificate issued pursuant to this section authorizes
an individual to engage in the activities permitted under division (B) of this
section only if the individual:

(2) Is directly supervised by an individual
who possesses a valid and current certificate issued pursuant to division (B)
of this section for the activities in which the individual issued the
provisional certificate is engaged and the certified individual directly
supervising the individual issued the provisional certificate only supervises
one provisional certificate holder.

(A) As used
in this section, "firefighting agency" and "private fire company" have the same
meanings as in section
9.60 of the
Revised Code.

(B) No person shall
claim to the public to be or act as a firefighter, volunteer firefighter,
member of a fire department, chief of a fire department, or fire prevention
officer unless the person is recognized as a firefighter, volunteer
firefighter, member of a fire department, member of a private fire company,
chief of a fire department, or fire prevention officer by the fire marshal or
has received a certificate issued under former section
3303.07 or section
4765.55 of the Revised Code
evidencing satisfactory completion of a firefighter training program and has
been appointed by the governing board of a firefighting agency or, in the case
of a volunteer firefighter, receives such a certificate within one year after
appointment by the governing board of a firefighting agency.

Each insurance
company doing business in this state shall pay to the state in installments, at
the time of making the payments required by section
5729.05 of the Revised Code, in
addition to the taxes required to be paid by it, three-fourths of one per cent
on the gross premium receipts derived from fire insurance and that portion of
the premium reasonably allocable to insurance against the hazard of fire
included in other coverages except life and sickness and accident insurance,
after deducting return premiums paid and considerations received for
reinsurances as shown by the annual statement of such company made pursuant to
sections 3929.30,
3931.06, and
5729.02 of the Revised Code. The
money received shall be paid into the state treasury to the credit of the state
fire marshal's fund, which is hereby created. The fund shall be used for the
maintenance and administration of the office of the fire marshal and the Ohio
fire academy established by section
3737.33 of the Revised Code. If
the director of commerce certifies to the director of budget and management
that the cash balance in the state fire marshal's fund is in excess of the
amount needed to pay ongoing operating expenses, the director
of commerce, with the approval of the director of
budget and management, may use the excess amount to acquire by purchase,
lease, or otherwise, real property or interests in real property to be used for
the benefit of the office of the state fire marshal, or to construct, acquire,
enlarge, equip, furnish, or improve the fire marshal's office facilities or the
facilities of the Ohio fire academy. The state fire marshal's fund shall be
assessed a proportionate share of the administrative costs of the department of
commerce in accordance with procedures prescribed by the director of commerce
and approved by the director of budget and management. Such assessment shall be
paid from the state fire marshal's fund to the division of administration fund.

Notwithstanding any other provision in this section, if
the director of budget and management determines at any time that the money in
the state fire marshal's fund exceeds the amount necessary to defray ongoing
operating expenses in a fiscal year, the director may transfer the excess to
the general revenue fund.

(A) "Gas
mask" means any self-contained oxygen breathing apparatus using oxygen or air
in suitable containers that enable their wearers to live in atmospheres
containing less than sixteen per cent oxygen and poisonous gases in excess of
two per cent by volume and having been approved by the United States bureau of
mines for use in irrespirable atmospheres.

(B) Every political subdivision which operates a fire
department shall provide at least two gas masks for each fire station and shall
further provide that the chief of the fire department give adequate
instructions to each member of the fire department in the use of such gas
masks.

(A) No principal or person in charge of a public or
private school or educational institution having an average daily attendance of
twenty or more pupils, and no person in charge of any children's home or
orphanage housing twenty or more minor persons, shall willfully neglect to
instruct and train such children by means of drills or rapid dismissals, so
that such children in a sudden emergency may leave the building in the shortest
possible time without confusion. Except as provided for in division (F) of this section,
the principal or person in charge of a school or educational institution
shall conduct drills or rapid dismissals at least six times
during the school year, pursuant to division (E) of
this section, which shall be at the times and frequency prescribed in
rules adopted by the fire marshal. The principal or person in
charge of a children's home or orphanage shall conduct drills or rapid
dismissals at least once each month while the home is in operation. In the case
of schools, no principal or person in charge of a school shall willfully
neglect to keep the doors and exits of such building unlocked during school
hours. The fire marshal may order the immediate installation of necessary fire
gongs or signals in such schools, institutions, or children's homes and enforce
this division and divisions (B) , (C)(3), and (F) of
this section.

(B) In conjunction with the drills or rapid dismissals
required by division (A) or (F) of this section,
whichever is applicable, principals or persons in
charge of public or private primary and secondary schools, or educational
institutions, shall instruct pupils in safety precautions to be taken in case
of a tornado alert or warning. Such principals or persons in charge of such
schools or institutions shall designate, in accordance with standards
prescribed by the fire marshal, appropriate locations to be used to shelter
pupils in case of a tornado, tornado alert, or warning.

(1)
The fire marshal or the fire marshal's designee shall annually inspect each
school, institution, home, or orphanage subject to division (A)
or (F) of this section to determine compliance
with the
applicable division, and each school or institution subject to division
(B) of this section to ascertain whether the locations comply with the
standards prescribed under that division. Nothing in this section shall require
a school or institution to construct or improve a facility or location for use
as a shelter area.

(2) The fire marshal or the fire marshal's designee
shall issue a warning to any person found in violation of division (A)
, (B), or (F) of this section. The warning shall indicate
the specific violation and a date by which such violation shall be
corrected.

(3) No person shall fail to correct violations by the
date indicated on a warning issued under division (C)(2) of this
section.

(1)(a) The principal or person in charge of each
public or private school or educational institution shall conduct
school safety
drills at
least three times during the school year, pursuant to division (E) of this
section, to provide pupils with instruction in the procedures to follow
in situations where pupils must be secured in the school buildingor rapidly
evacuated in response to a threat to the school involving an act of
terrorism; a person possessing a deadly weapon or dangerous ordnance, as
defined in section 2923.11 of the Revised Code, on
school property; or other act of violence. At least one
safety drill shall include a scenario where pupils must be secured in the
school building rather than rapidly evacuated.

Each safety drill shall be conducted in conjunction with the
police chief or other similar chief law enforcement officer, or designee, of
the municipal corporation, township, or township or joint police district in
which the school or institution is located, or, in absence of any such person,
the county sheriff of the county, or designee, in which the school or
institution is located.

(b) In addition to the three safety drills described in
division (D)(1)(a) of this section, the principal or person in charge shall
conduct a theoretical school safety drill at least once during the school year
to provide all faculty and staff employed by the school or institution with
instruction in the procedures to follow in such situations. The theoretical
drill does not need to include student participation and may be conducted at
the annual training session required by division (D)(3) of this
section.

(c) All safety drills required under division (D) of this
section shall be conducted pursuant to the district's or school's emergency
management plan adopted under section
3313.536 of the Revised
Code.

(a) The principal or person in charge of each public
or private school or educational institution shall provide to the police chief
or other similar chief law enforcement officer of the municipal corporation,
township, or township or joint police district in which the school or
institution is located, or, in absence of any such person, the county sheriff
of the county in which the school or institution is located advance written
notice of each school safety drill required under division (D)(1) of this
section and shall keep a written record of the date and time of each drill
conducted. The advance notice shall be provided not later than seventy-two
hours prior to the date the drill will be conducted and shall include the date
and time the drill will be conducted and the address of the school or
educational institution. The notice shall be provided by mail, facsimile, or
electronic submission.

(b) Not later
than
the fifth day of December each year , the principal or person in charge of
each public or private school or educational institution shall provide written
certification by mail, facsimile, or electronic
submission of the date and time each school safety drill required under
division (D)(1) of this section was conducted during
the previous school year, as well as the date and time each drill will be
conducted during the current school year, to the police chief or other
similar chief law enforcement officer of the municipal corporation, township,
or township or joint police district in which the school or institution is
located, or, in the absence of any such person, the county sheriff of the
county in which the school or institution is located. If such certification is
not provided, the principal or person in charge of the school or institution
shall be considered to have failed to meet this requirement and shall be
subject to division (D)(4) of this section.

(3)
The principal or person in charge of each public or private school or
educational institution shall hold annual training sessions for employees of
the school or institution regarding the conduct of school safety
drills.

(4) The police chief or other similar chief law
enforcement officer of a municipal corporation, township, or township or joint
police district, or, in the absence of any such person, the county sheriff
shall issue a warning to any person found in violation of division (D)(1) of
this section. Each warning issued for a violation of division (D)(1) of this
section shall require the principal or person in charge of the school or
institution to correct the violation by conducting a school safety
drill not later than the thirtieth day after the date the warning is issued.
The violation shall not be considered corrected unless, not later than forty
days after the date the warning is issued, the principal or person in charge of
the school or institution provides written certification of the date and time
this
drill was conducted, as well as the date and time each
remaining drill will be conducted during the current school year, to the
police chief or other similar chief law enforcement officer or county sheriff
who issued the warning.

(5) No
person shall fail to correct violations by the date indicated on a warning
issued under division (D)(4) of this section.

(E) The principal or person in charge of each public or
private school or educational institution shall conduct at least one drill or
rapid dismissal required under division (A) or (F) of this section, whichever
is applicable, or one school safety drill required under division (D) of this
section during each month of the school year. However, the principal or person
in charge may determine the exact date and time that each drill will be
conducted. A drill or rapid dismissal under division (A) or (F) of this section
may be conducted during the same month as a school safety drill under division
(D) of this section.

(F) If a public or private school or educational
institution does not currently have smoke detectors, as defined in section
3781.104 of the Revised Code, or
a sprinkler system in all classroom buildings of the school, the principal or
person in charge of the school or educational institution shall conduct drills
or rapid dismissals at least nine times during the school year, pursuant to
division (E) of this section, which shall be at the times and frequency
prescribed in rules adopted by the fire marshal. At the discretion of the
principal or person in charge of the school or institution, drills conducted
under this division may be combined with drills conducted under division (D) of
this section, so long as at least one drill conducted under that division
provides pupils with instruction in the procedures to follow in situations
where pupils must be secured in the school building rather than rapidly
evacuated.

In any emergency situation relating to the prevention of an
imminent release of a hazardous material, to the cleanup or disposal of a
hazardous material that has been released, or to the related mitigation of the
effects of a release of a hazardous material, the chief of the fire department
in whose jurisdiction the emergency situation is occurring or his designee is
responsible for primary coordination of the on-scene activities of all agencies
of the state, the United States government, and political subdivisions that are
responding to the emergency situation until the chief relinquishes that
responsibility to a representative of one of the responding public agencies and
so notifies that representative.

As used in this section, "hazardous material" means any
material that is designated as such under the "Hazardous Materials
Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C. 1801, as amended, and
regulations adopted under it.

(A) There is hereby created the state fire
council consisting of ten members to be appointed by
the governor with the advice and consent of the senate. The fire marshal or
chief deputy fire marshal, a representative designated by the department of
public safety who has tenure in fire suppression, and a representative
designated by the board of building standards shall be ex officio members. Of
the initial appointments made to the council,
two shall be for a term ending one year after November 1, 1978, two shall be
for a term ending two years after that date, two shall be for a term ending
three years after that date, two shall be for a term ending four years after
that date, and two shall be for a term ending five years after that date.
Thereafter, terms of office shall be for five years, each term ending on the
same day of the same month of the year as did the term which it succeeds. Each
member shall hold office from the date of appointment until the end of the term
for which the member was appointed. Any member appointed to fill a vacancy
occurring prior to the expiration of the term for which the member's
predecessor was appointed shall hold office for the remainder of that term. Any
member shall continue in office subsequent to the expiration date of the
member's term until a successor takes office, or until a period of sixty days
has elapsed, whichever occurs first. Members shall be qualified by experience
and training to deal with the matters that are the responsibility of the
council. Two members shall be members of paid fire
services, one shall be a member of volunteer fire services, two shall be
mayors, managers, or members of legislative authorities of municipal
corporations, one shall represent commerce and industry, one shall be a
representative of a fire insurance company domiciled in this state, one shall
represent the flammable liquids industry, one shall represent the construction
industry, and one shall represent the public. At no time shall more than six
members be members of or associated with the same political party. Membership
on the council shall not constitute holding a public office,
and no person shall forfeit or otherwise vacate the person's office or position
of employment because of membership on the council.

(B) The
ex officio members may not vote, except that the fire marshal or chief deputy
fire marshal may vote in case of a tie.

(C)
Each member of the council, other than ex officio members, shall be paid
an amount fixed pursuant to division (J) of section
124.15 of the Revised Code, and the
member's actual and necessary expenses.

(D) The
council shall select a chairperson and a
vice-chairperson from among its members. No business may be transacted in the
absence of a quorum. A quorum shall be at least six members, excluding ex
officio members, and shall include either the chairperson or vice-chairperson.
The council shall hold regular meetings at least once
every two months and may meet at any other time at the call of the
chairperson.

(E) The fire marshal shall provide the
council with office space, meeting rooms, staff, and
clerical assistance necessary for the council
to perform its duties. If the council
maintains the Ohio fire service hall of fame under division (C) of section
3737.03 of the Revised Code, the
fire marshal shall preserve, in an appropriate manner, in the office space or
meeting rooms provided to the council
under this division or in another location, copies of all official
commendations awarded to individuals recognized and commemorated for their
exemplary accomplishments and acts of heroism at fire-related incidents or
similar events that occurred in this state.

(F) If
the council maintains the Ohio fire service hall of fame
under division (C) of section
3737.03 of the Revised Code, the
expenses incurred for the recognition and commemoration of individuals for
their exemplary accomplishments and acts of heroism at fire-related incidents
or similar events that occurred in this state, including, but not limited to,
expenses for official commendations and an annual awards ceremony as described
in division (B) of section
3737.03 of the Revised Code, may
be paid from moneys appropriated by the general assembly for purposes of that
recognition and commemoration, from moneys that are available to the fire
marshal under this chapter, or from other funding sources available to the
council.

The fire marshal shall adopt a state fire code which shall
consist of rules relating to all aspects of fire safety. The rules shall be the
minimum standards for safeguarding life and property from fire and explosion,
and the fire marshal may, in adopting these rules, incorporate by reference
existing published standards as well as amendments thereto subsequently
published by the same authority. The fire code shall include, but not be
limited to, rules relating to the movable contents of any building, or class of
buildings, the transportation, storage, location, and use of flammable or
explosive materials, the procedures to be employed by persons in the event of
fire, the installation and location of fire protection equipment, and other
similar matters. The fire code may contain rules applicable to particular
classes of existing buildings or structures as the use and occupancy of such
buildings or structures suggest are necessary. The fire marshal may amend,
modify, or repeal any rule of the state fire code.

(B)
Establish minimum standards of training, fix minimum qualifications, and
require certificates for all persons who engage in the business for profit of
installing, testing, repairing, or maintaining fire protection
equipment;

(C) Provide for the issuance of certificates required
under division (B) of this section and establish the fees to be charged for
such certificates. A certificate shall be granted, renewed, or revoked
according to rules the fire marshal shall adopt.

(D)
Establish minimum standards of flammability for consumer goods in any case
where the federal government or any department or agency thereof has
established, or may from time to time establish standards of flammability for
consumer goods. The standards established by the fire marshal shall be
identical to the minimum federal standards.

In any case where the
federal government or any department or agency thereof, establishes standards
of flammability for consumer goods subsequent to the adoption of a flammability
standard by the fire marshal, standards previously adopted by the fire marshal
shall not continue in effect to the extent such standards are not identical to
the minimum federal standards.

With respect to the
adoption of minimum standards of flammability, this division shall supersede
any authority granted a political subdivision by any other section of the
Revised Code.

(E)
Establish minimum standards pursuant to section 5104.05 of the Revised Code for
fire prevention and fire safety in child day-care centers and in type A family
day-care homes, as defined in section 5104.01 of the Revised Code.

(F)
Establish minimum standards for fire prevention and safety in a residential
facility licensed under section 5119.34 of
the Revised Code that provides accommodations, supervision, and personal care
services for three to sixteen unrelated adults. The fire marshal shall adopt
the rules under this division in consultation with the director of
mental health and addiction services and interested
parties designated by the director of mental health and addiction
services.

The state fire code adopted pursuant to sections
3737.82 and
3737.83 of the Revised Code shall
contain a provision directing the fire marshal to issue any permit that is
required for any temporary membrane structure, tent, or canopy located on
state-owned property or used for an event sponsored by a state agency, unless
the fire marshal directs the person seeking the permit to obtain the permit
from the appropriate local fire code official.

(3) "Shale
oil processing premise" means a single parcel or contiguous parcels of real
estate, including any structures, facilities, appurtenances, equipment,
devices, and activities thereon, where the processing of substances extracted
from the Point Pleasant, Utica, and Marcellus formations occurs at a natural
gas liquids fractionation or natural gas processing facility. "Shale oil
processing premise" does not include a well pad or a production operation, as
those terms are defined in section
1509.01 of the Revised Code, that
is regulated under Chapter 1509. of the Revised Code.

(B)
Notwithstanding any other provision of the Revised Code, the state fire marshal
and the board of building standards shall have the exclusive authority to adopt
fire safety standards relating to the construction at a shale oil processing
premise of any structure subject to the nonresidential building codes
established pursuant to section
3781.10 of the Revised Code.
Notwithstanding any other provisions of the Revised Code, the state fire
marshal shall have the sole and exclusive authority to adopt all other fire
safety standards relating to a shale oil processing premise. Any standards
established by the state fire marshal under this section shall be part of the
state fire code.

(C)
Notwithstanding any other provision of the Revised Code, the state fire marshal
shall have sole and exclusive authority to enforce all fire safety standards
adopted pursuant to this section, any other fire safety standards existing in
the state fire code that are applicable to shale oil processing premises, and
any actions authorized by sections
3737.41 to
3737.51 of the Revised Code at a
shale oil processing premise.

(D) The
state fire marshal may establish and collect reasonable permit and inspection
fees for the regulation of a shale oil processing premise.

(A) The state fire code adopted pursuant to sections
3737.82 and
3737.83 of the Revised Code
shall not contain any provision as follows:

(1)
Relating to the organization or structure of a municipal or township fire
department;

(2) Relating
to structural building requirements covered by the Ohio building
code;

(3) That
would cause an employer, in complying with it, to be in violation of the
"Occupational Safety and Health Act of 1970," 84 Stat. 1590,
29 U.S.C.A.
651, or the "Consumer Product Safety Act of
1972," 86 Stat. 1207, 15
U.S.C.A. 2051 ;

(4)
Regulating manufacturers or manufacturing facilities with respect to
occupational hazards where they are subject to regulation by the federal
occupational safety and health administration;

(5)
That is inconsistent with, or in conflict with, regulations of the federal
occupational safety and health administration or the hazardous materials
regulations of the hazardous materials regulations board of the federal highway
administration, United States department of transportation, or the public
utilities commission;

(6)
That establishes a minimum standard of flammability for consumer goods in any
area where the "Flammable Fabrics Act," 81 Stat. 568 (1967),
15 U.S.C.
1191 authorizes the federal government or any
department or agency of the federal government to establish national standards
of flammability for consumer goods;

(7)
That establishes a health or safety standard for the use of explosives in
mining, for which the federal government through its authorized agency sets
health or safety standards pursuant to section 6 of the "Federal Metal and
Nonmetallic Mine Safety Act of 1966," 80 Stat. 772, 30 U.S.C. 725, or section
101 of the "Federal Coal Mine
Health and Safety Act of 1969," 83 Stat. 745,
30 U.S.C.A.
811 ;

(8)
That is inconsistent with, or in conflict with, section
3737.73 or Chapter 3743. of the
Revised Code, or the rules adopted pursuant to that chapter;

(a)
Restricting the dispensing of diesel fuel at a terminal or bulk plant into a
motor vehicle that is transporting petroleum products or equipment essential to
the operation of the terminal or bulk plant, provided that the motor vehicle is
owned or leased by or operated under a contract with a person who has been
issued a motor fuel dealer's license under section
5735.02 of the Revised
Code;

(b)
Authorizing the dispensing of any petroleum products at a terminal or bulk
plant from an aboveground storage tank at the terminal or bulk plant
to a motor vehicle other than a motor vehicle that is described in division
(A)(9)(a) of this section or to a member of the general public.

As used in
division (A)(9) of this section, "terminal or
bulk plant" means that portion of a property where petroleum products are
received by tank vessels, pipelines, tank cars, or tank vehicles and are stored
or blended in bulk for the purpose of distributing the petroleum products via
tank vessel, pipeline, tank car, tank vehicle, portable tank, or
container.

(10) That prohibits the use of a device described in section
3381.106 of the Revised Code and used in accordance with rules adopted pursuant
to that section.

(B) No penalty shall be imposed by the fire marshal on
any person for a violation of the state fire code if a penalty has been imposed
or an order issued by the federal government for a violation of a similar
provision contained in or adopted pursuant to the federal acts referred to in
this section, where the facts that constitute the violation of the state fire
code are the same as those that constitute the violation or alleged violation
of the federal act.

(A)
The state fire code adopted pursuant to sections
3737.82 and
3737.83 of the Revised Code
shall not contain any provision as follows:

(1)
Relating to the organization or structure of a municipal or township fire
department;

(2) Relating
to structural building requirements covered by the Ohio building
code;

(3) That
would cause an employer, in complying with it, to be in violation of the
"Occupational Safety and Health Act of 1970," 84 Stat. 1590,
29 U.S.C.A.
651, or the "Consumer Product Safety Act of
1972," 86 Stat. 1207, 15
U.S.C.A. 2051 ;

(4)
Regulating manufacturers or manufacturing facilities with respect to
occupational hazards where they are subject to regulation by the federal
occupational safety and health administration;

(5)
That is inconsistent with, or in conflict with, regulations of the federal
occupational safety and health administration or the hazardous materials
regulations of the hazardous materials regulations board of the federal highway
administration, United States department of transportation, or the public
utilities commission;

(6)
That establishes a minimum standard of flammability for consumer goods in any
area where the "Flammable Fabrics Act," 81 Stat. 568 (1967),
15 U.S.C.
1191 authorizes the federal government or any
department or agency of the federal government to establish national standards
of flammability for consumer goods;

(7)
That establishes a health or safety standard for the use of explosives in
mining, for which the federal government through its authorized agency sets
health or safety standards pursuant to section6of the "Federal Metal and
Nonmetallic Mine Safety Act of 1966," 80 Stat. 772, 30 U.S.C. 725, or section
101 of the "Federal Coal Mine
Health and Safety Act of 1969," 83 Stat. 745,
30 U.S.C.A.
811 ;

(8)
That is inconsistent with, or in conflict with, section
3737.73 or Chapter 3743. of the
Revised Code, or the rules adopted pursuant to that chapter;

(a)
Restricting the dispensing of diesel fuel at a terminal or bulk plant into a
motor vehicle that is transporting petroleum products or equipment essential to
the operation of the terminal or bulk plant, provided that the motor vehicle is
owned or leased by or operated under a contract with a person who has been
issued a motor fuel dealer's license under section 5735.021 of the Revised
Code;

(b)
Authorizing the dispensing of any petroleum products at a terminal or bulk
plant from an aboveground storage tank at the terminal or bulk plant to a motor
vehicle other than a motor vehicle that is described in division (A)(9)(a) of
this section or to a member of the general public.

As used in division
(A)(9) of this section, "terminal or bulk plant" means that portion of a
property where petroleum products are received by tank vessels, pipelines, tank
cars, or tank vehicles and are stored or blended in bulk for the purpose of
distributing the petroleum products via tank vessel, pipeline, tank car, tank
vehicle, portable tank, or container.

(10) That
prohibits the use of a device described in section 3781.106 of the Revised
Code and used in accordance with rules adopted pursuant to that
section.

(B)
No penalty shall be imposed by the fire marshal on any person for a violation
of the state fire code if a penalty has been imposed or an order issued by the
federal government for a violation of a similar provision contained in or
adopted pursuant to the federal acts referred to in this section, where the
facts that constitute the violation of the state fire code are the same as
those that constitute the violation or alleged violation of the federal
act.

(1)
Any state correctional institution as defined in section 2967.01 of the Revised
Code and any county, multicounty, municipal, or municipal-county jail or
workhouse;

(2) Any
hospital as defined in section 3727.01 of the Revised Code, any hospital
licensed by the department of mental health and addiction
services under section 5119.33 of the Revised Code, and any institution,
hospital, or other place established, controlled, or supervised by the
department of mental health and addiction services under Chapter
5119. of the Revised Code;

(3)
Any nursing home, residential care facility, or home for the aging as defined
in section 3721.01 of the Revised Code and any residential facility licensed
under section 5119.34 of the Revised Code that provides
accommodations, supervision, and personal care services for three to sixteen
unrelated adults;

(4) Any child
day-care center and any type A family day-care home as defined in section
5104.01 of the Revised Code;

(6)
Public assembly areas of hotels and motels containing more than ten articles of
seating furniture.

(B)
"Sell" includes sell, offer or expose for sale, barter, trade, deliver, give
away, rent, consign, lease, possess for sale, or dispose of in any other
commercial manner.

(C) Except as provided in division (D) of this
section, "seating furniture" means any article of furniture, including
children's furniture, that can be used as a support for an individual, or an
individual's limbs or feet, when sitting or resting in an upright or reclining
position and that either:

(2)
Any article with a smooth surface that contains no more than one-half inch of
filling material, if that article does not have an upholstered horizontal
surface meeting an upholstered vertical surface;

(3)
Any article manufactured solely for recreational use or physical fitness
purposes, including weight-lifting benches, gymnasium mats or pads, and
sidehorses.

(E)
"Filling material" means cotton, wool, kapok, feathers, down, hair, liquid, or
any other natural or artificial material or substance that is used or can be
used as stuffing in seating furniture.

(A) The state
fire marshal shall adopt rules that conform with technical bulletin 133, state
of California bureau of home furnishings and thermal insulation, establishing
flammability testing procedures and flammability standards for seating
furniture used in public occupancies and rules he considers necessary for the
administration and enforcement of this section. The rules shall not require any
manufacturer of seating furniture to conduct such tests itself, but shall
require that any seating furniture manufactured on or after the effective date
of this section for use in public occupancies in this state comply with the
flammability standards, and may require the submission of authenticated
research reports to the state fire marshal verifying that the seating furniture
meets the flammability standards. The state fire marshal may inspect any
testing of seating furniture conducted under rules adopted under this division
as he considers necessary.

(B)
The manufacturer of any seating furniture sold in this state on or after the
effective date of this section for use in a public occupancy that conforms to
the flammability standards adopted by rule under division (A) of this section
shall attach a permanent label to the article, in plain view, stating the
following:

"Notice

This article is manufactured for use in public occupancies and
meets the flammability requirements of California bureau of home furnishings
and thermal insulation technical bulletin 133. However, care should be
exercised near open flame and with burning cigarettes."

The label shall be no less than two inches by three inches and
the type shall be in all capital letters and no smaller than one-eighth inch in
height.

(C) No person
shall sell for use in a public occupancy or use in a public occupancy any
seating furniture manufactured on or after the effective date of this section
that does not conform with the flammability standards adopted by rule under
division (A) of this section or the labeling requirement in division (B) of
this section.

(D) Whenever the
state fire marshal, an assistant fire marshal, or a certified fire safety
inspector has reason to believe a violation of division (C) of this section has
occurred or is occurring, he may seek enforcement of the prohibition contained
in that division through use of the procedures established in sections
3737.41 to
3737.51 of the Revised Code.

(A) As used in this section, "rule" includes the
adoption, amendment, or repeal of any rule by the fire marshal under sections
3737.82 to 3737.86 of the Revised
Code, regardless of whether or not the rule is included in the state fire
code.

(B) The fire marshal shall adopt rules in accordance
with Chapter 119. of the Revised Code. In adopting rules, the fire marshal
shall consider and make appropriate findings with respect to the degree and
nature of the risk of injury that the rule is designed to prevent or reduce,
the approximate number of products or types or classes of products subject to
the rule, the public need for the products involved, the probable effect of the
rule on the utility, cost, or availability of such product, and any means of
achieving the objective of the rule that will minimize adverse effects on
competition or disruption or dislocation of manufacturing and other commercial
practices. The minimum standards embodied in the rules shall be published in
such a manner as to assure that all interested parties have a reasonable
opportunity to be informed of the standards so established.

(C) The
fire marshal shall file a copy of the full text of any proposed rule with the
chairperson of the state fire
council. The fire marshal shall not adopt the proposed
rule until the council
has filed in the office of the fire marshal recommendations for revisions in
the proposed rule or until a period of sixty days has elapsed since the
proposed rule was filed with the chairperson
of the council, whichever occurs first. The fire marshal
shall consider any recommendations made by the council
before adopting the proposed rule, but may accept, reject, or modify the
recommendations.

(A) "Accidental release" means any sudden or nonsudden
release of petroleum that was neither expected nor intended by the owner or
operator of the applicable underground storage tank system and that results in
the need for corrective action or compensation for bodily injury or property
damage.

(B) "Corrective action" means any action necessary to
protect human health and the environment in the event of a release of petroleum
into the environment, including, without limitation, any action necessary to
monitor, assess, and evaluate the release. In the instance of a suspected
release, "corrective action" includes, without limitation, an investigation to
confirm or disprove the occurrence of the release. In the instance of a
confirmed release, "corrective action" includes, without limitation, the
initial corrective action taken under section
3737.88 or
3737.882 of the Revised Code and
rules adopted or orders issued under those sections and any action taken
consistent with a remedial action to clean up contaminated ground water,
surface water, soils, and subsurface material and to address the residual
effects of a release after the initial corrective action is taken.

(C)
"Eligible lending institution" means a financial institution that is eligible
to make commercial loans, is a public depository of state funds under section
135.03 of the Revised Code, and
agrees to participate in the petroleum underground storage tank linked deposit
program provided for in sections
3737.95 to
3737.98 of the Revised
Code.

(E)
"Installer" means a person who supervises the installation of, performance of
major repairs on site to, abandonment of, or removal of underground storage
tank systems.

(F) "Major repair" means the restoration of a tank or
an underground storage tank system component that has caused a release of a
product from the underground storage tank system. "Major repair" does not include modifications, upgrades, or routine maintenance for
normal operational upkeep to prevent an underground storage tank system from
releasing a product.

(G) "Operator" means the person in daily control of,
or having responsibility for the daily operation of, an underground storage
tank system.

(1) In
the instance of an underground storage tank system in use on November 8, 1984,
or brought into use after that date, the person who owns the underground
storage tank system;

(2) In the
instance of an underground storage tank system in use before November 8, 1984,
that was no longer in use on that date, the person who owned the underground
storage tank system immediately before the discontinuation of its use.

"Owner" includes any
person who holds, or, in the instance of an underground storage tank system in
use before November 8, 1984, but no longer in use on that date, any person who
held immediately before the discontinuation of its use, a legal, equitable, or
possessory interest of any kind in an underground storage tank system or in the
property on which the underground storage tank system is located, including,
without limitation, a trust, vendor, vendee, lessor, or lessee. "Owner" does
not include any person who, without participating in the management of an
underground storage tank system and without otherwise being engaged in
petroleum production, refining, or marketing, holds indicia of ownership in an
underground storage tank system primarily to protect the person's security
interest in it.

(I)
"Person," in addition to the meaning in section
3737.01 of the Revised Code, means
the United States and any department, agency, or instrumentality
thereof.

(J) "Petroleum" means petroleum, including crude oil
or any fraction thereof, that is a liquid at the temperature of sixty degrees
Fahrenheit and the pressure of fourteen and seven-tenths pounds per square inch
absolute. "Petroleum" includes, without limitation, motor fuels, jet fuels,
distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and
used oils.

(K) "Petroleum underground storage tank linked
deposit" means a certificate of deposit placed by the treasurer of state with
an eligible lending institution pursuant to sections
3737.95 to
3737.98 of the Revised
Code.

(L) "Regulated substance" means petroleum or any
substance identified or listed as a hazardous substance in rules adopted under
division (D) of section
3737.88 of the Revised
Code.

(M) "Release" means any spilling, leaking, emitting,
discharging, escaping, leaching, or disposing of from an underground storage
tank system into ground or surface water or subsurface soils or otherwise into
the environment.

(N) Notwithstanding division (F) of section
3737.01 of the Revised Code,
"responsible person" means the person who is the owner or operator of an
underground storage tank system.

(O)
"Tank" means a stationary device designed to contain an accumulation of
regulated substances that is constructed of manufactured materials.

(P)
"Underground storage tank" means one or any combination of tanks, including the
underground pipes connected thereto, that are used to contain an accumulation
of regulated substances the volume of which, including the volume of the
underground pipes connected thereto, is ten per cent or more beneath the
surface of the ground.

"Underground storage
tank" does not include any of the following or any pipes connected to any of
the following:

(7)
Storage tanks located in underground areas, including, without limitation,
basements, cellars, mine workings, drifts, shafts, or tunnels, when the tanks
are located on or above the surface of the floor;

(R) "Revenues" means all fees, premiums, and charges
paid by owners and operators of petroleum underground storage tanks to the
petroleum underground storage tank release compensation board created in
section 3737.90 of the Revised Code;
proceeds received by the board from any insurance, condemnation, or guaranty;
the proceeds of petroleum underground storage tank revenue bonds; and the
income and profits from the investment of any such revenues.

(T) "Class C release" means a release of petroleum
occurring or identified from an underground storage tank system subject to
sections 3737.87 to
3737.89 of the Revised Code for
which the responsible person for the release is specifically determined by the
fire marshal not to be a viable person capable of undertaking or completing the
corrective actions required under those sections for the release. "Class C
release" also includes any release designated as a "class C release" in
accordance with rules adopted under section
3737.88 of the Revised
Code.

(1) The fire marshal shall have responsibility for
implementation of the underground storage tank program and corrective action
program for releases of petroleum from underground storage tanks established by
the "Resource Conservation and Recovery Act of 1976," 90 Stat. 2795, 42
U.S.C.A. 6901, as amended. To implement the programs, the fire marshal may
adopt, amend, and rescind such rules, conduct such inspections, require annual
registration of underground storage tanks, issue such citations and orders to
enforce those rules, enter into environmental covenants in accordance with
sections 5301.80 to 5301.92 of the Revised Code, and perform such other duties,
as are consistent with those programs. The fire marshal, by rule, may delegate
the authority to conduct inspections of underground storage tanks to certified
fire safety inspectors.

(2) In the place of any rules regarding release
containment and release detection for underground storage tanks adopted under
division (A)(1) of this section, the fire marshal, by rule, shall designate
areas as being sensitive for the protection of human health and the environment
and adopt alternative rules regarding release containment and release detection
methods for new and upgraded underground storage tank systems located in those
areas. In designating such areas, the fire marshal shall take into
consideration such factors as soil conditions, hydrogeology, water use, and the
location of public and private water supplies. Not later than July 11, 1990,
the fire marshal shall file the rules required under this division with the
secretary of state, director of the legislative service commission, and joint
committee on agency rule review in accordance with divisions (B) and
(C) of
section 119.03 of the Revised Code.

(3)
Notwithstanding sections 3737.87 to 3737.89 of the Revised Code, a person who
is not a responsible person, as determined by the fire marshal pursuant to this
chapter, may conduct a voluntary action in accordance with Chapter 3746. of the
Revised Code and rules adopted under it for either of the following:

(b) A release,
other than a class C release, that is subject to the rules adopted by the fire
marshal under division (B) of section 3737.882 of the Revised Code pertaining
to a corrective action, provided that both of the following apply:

(i) The
voluntary action also addresses hazardous substances or petroleum that is not
subject to the rules adopted under division (B) of section 3737.882 of the
Revised Code pertaining to a corrective action.

(ii) The
fire marshal has not issued an administrative order concerning the release or
referred the release to the attorney general for enforcement.

The director of
environmental protection, pursuant to section 3746.12 of the Revised Code, may
issue a covenant not to sue to any person who properly completes a voluntary
action with respect to any such release in accordance with Chapter 3746. of the
Revised Code and rules adopted under it.

(B) Before adopting any rule under this section or
section 3737.881 or 3737.882 of the Revised Code, the fire marshal shall file
written notice of the proposed rule with the chairperson of the state fire
council, and, within sixty days after notice is filed, the council may file
responses to or comments on and may recommend alternative or supplementary
rules to the fire marshal. At the end of the sixty-day period or upon the
filing of responses, comments, or recommendations by the council, the fire
marshal may adopt the rule filed with the council or any alternative or
supplementary rule recommended by the council.

(C) The
state fire council may recommend courses of action to be taken by the fire
marshal in carrying out the fire marshal's duties under this section. The
council shall file its recommendations in the office of the fire marshal, and,
within sixty days after the recommendations are filed, the fire marshal shall
file with the chairperson of the council comments on, and proposed action in
response to, the recommendations.

(D) For
the purpose of sections 3737.87 to 3737.89 of the Revised Code, the fire
marshal shall adopt, and may amend and rescind, rules identifying or listing
hazardous substances. The rules shall be consistent with and equivalent in
scope, coverage, and content to regulations identifying or listing hazardous
substances adopted under the "Comprehensive Environmental Response,
Compensation, and Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9602, as
amended, except that the fire marshal shall not identify or list as a hazardous
substance any hazardous waste identified or listed in rules adopted under
division (A) of section 3734.12 of the Revised Code.

(E)
Except as provided in division (A)(3) of this section, the fire marshal shall
have exclusive jurisdiction to regulate the storage, treatment, and disposal of
petroleum contaminated soil generated from corrective actions undertaken in
response to releases of petroleum from underground storage tank systems. The
fire marshal may adopt, amend, or rescind such rules as the fire marshal
considers to be necessary or appropriate to regulate the storage, treatment, or
disposal of petroleum contaminated soil so generated.

(F) The
fire marshal shall adopt, amend, and rescind rules under sections 3737.88 to
3737.883 of the Revised Code in accordance with Chapter 119. of the Revised
Code.

(A) The fire marshal shall certify underground storage
tank systems installers who meet the standards for certification established in
rules adopted under division (D)(1) of this section, pass the certification
examination required by this division, and pay the certificate fee established
in rules adopted under division (D)(5) of this section. Any individual who
wishes to obtain certification as an installer shall apply to the fire marshal
on a form prescribed by the fire marshal. The application shall be accompanied
by the application and examination fees established in rules adopted under
division (D)(5) of this section.

The fire marshal shall
prescribe an examination designed to test the knowledge of applicants for
certification as underground storage tank system installers in the
installation, repair, abandonment, and removal of those systems. The
examination shall also test the applicants' knowledge and understanding of the
requirements and standards established in rules adopted under sections
3737.88 and
3737.882 of the Revised Code
pertaining to the installation, repair, abandonment, and removal of those
systems.

Installer certifications
issued under this division shall be renewed annually, upon submission of a
certification renewal form prescribed by the fire marshal, provision of proof
of successful completion of continuing education requirements, and payment of
the certification renewal fee established in rules adopted under division
(D)(5) of this section. In addition, the fire marshal may from time to time
prescribe an examination for certification renewal and may require applicants
to pass the examination and pay the fee established for it in rules adopted
under division (D)(5) of this section.

The fire marshal may, in
accordance with Chapter 119. of the Revised Code, deny, suspend, revoke, or
refuse to renew an installer's certification or renewal thereof
after
finding that any of the following applies:

(1) The
applicant for certification or certificate holder fails to meet the standards
for certification or renewal thereof under this section and rules adopted under
it;

(2) The
certification was obtained through fraud or misrepresentation;

(3) The
certificate holder recklessly caused or permitted a person under
the
certificate holder's supervision to install, perform major repairs on
site to, abandon, or remove an underground storage tank system in violation of
the performance standards set forth in rules adopted under section
3737.88 or
3737.882 of the Revised Code.

As used in division
(A)(3) of this section, "recklessly" has the same meaning as in section
2901.22 of the Revised
Code.

(B) The fire
marshal shall certify persons who sponsor training programs for underground
storage tank system installers who meet the criteria for certification
established in rules adopted by the fire marshal under division (D)(4) of this
section and pay the certificate fee established in rules adopted under division
(D)(5) of this section. Any person who wishes to obtain certification to
sponsor such a training program shall apply to the fire marshal on a form
prescribed by the fire marshal. Training program certificates issued
under this division shall expire annually. Upon submission of a certification
renewal application form prescribed by the fire marshal and payment of the
application and certification renewal fees established in rules adopted under
division (D)(5) of this section, the fire marshal shall issue a training
program renewal certificate to the applicant.

The fire marshal may, in
accordance with Chapter 119. of the Revised Code, deny an application for,
suspend, or revoke a training program certificate or renewal
or renewal of a training program certificate after
finding that the training program does not or will not meet the standards
for certification established in rules adopted under division (D)(4) of this
section.

(C) The fire marshal may conduct or cause to be
conducted training programs for underground storage tank systems installers as
the fire
marshal considers to be necessary or appropriate. The fire marshal is not
subject to division (B) of this section with respect to training programs
conducted by employees of the office of the fire marshal.

(D)
The fire marshal shall adopt, and may amend and rescind, rules doing all of the
following:

(1) Defining the
activities that constitute supervision over the installation, performance of
major repairs on site to, abandonment of, and removal of underground storage
tank systems;

(3) Establishing
standards and procedures for continuing education for certification renewal, subject to the provisions of section
5903.12 of the Revised Code
relating to active duty military service;

(4)
Establishing standards and procedures for certification of training programs
for installers;

(5) Establishing
fees for applications for certifications under this section, the examinations
prescribed under division (A) of this section, the issuance and renewal of
certificates under divisions (A) and (B) of this section, and attendance at
training programs conducted by the fire marshal under division (C) of this
section. Fees received under this section shall be credited to the underground
storage tank administration fund created in section
3737.02 of the Revised Code and
shall be used to defray the costs of implementing, administering, and enforcing
this section and the rules adopted thereunder, conducting training sessions,
and facilitating prevention of releases.

(6)
That are necessary or appropriate for the implementation, administration, and
enforcement of this section.

(E)
Nothing in this section or the rules adopted under it prohibits an owner or
operator of an underground storage tank system from installing, making major
repairs on site to, abandoning, or removing an underground storage tank system
under the supervision of an installer certified under division (A) of this
section who is a full-time or part-time employee of the owner or
operator.

(F) On and after January 7, 1990, no person shall do any of the
following:

(1) Install,
make major repairs on site to, abandon, or remove an underground storage tank
system unless the activity is performed under the supervision of a qualified
individual who holds a valid installer certificate issued under division (A) of
this section;

(2) Act in the
capacity of providing supervision for the installation of, performance of major
repairs on site to, abandonment of, or removal of an underground storage tank
system unless the person holds a valid installer certificate issued under
division (A) of this section;

(3)
Except as provided in division (C) of this section, sponsor a training program
for underground storage tank systems installers unless the person holds a valid
training program certificate issued under division (B) of this
section.

(A)
If, after an examination or inspection, the fire marshal or an assistant fire
marshal finds that a release of petroleum is suspected, the fire marshal shall
take such action as the fire marshal considers necessary to ensure that a
suspected release is confirmed or disproved and, if the occurrence of a release
is confirmed, to correct the release. These actions may include one or more of
the following:

(1) Issuance
of a citation and order requiring the responsible person to undertake, in a
manner consistent with the requirements of section 9003 of the "Resource
Conservation and Recovery Act of 1976," 98 Stat. 3279, 42 U.S.C.A. 6991b, as
amended, applicable regulations adopted thereunder, and rules adopted under
division (B) of this section, such actions as are necessary to protect human
health and the environment, including, without limitation, the investigation of
a suspected release;

(2)
Requesting the attorney general to bring a civil action for appropriate relief,
including a temporary restraining order or preliminary or permanent injunction,
in the court of common pleas of the county in which a suspected release is
located or in which the release occurred, to obtain the corrective action
necessary to protect human health and the environment. In granting any such
relief, the court shall ensure that the terms of the temporary restraining
order or injunction are sufficient to provide comprehensive corrective action
to protect human health and the environment.

(3)
Entry onto premises and undertaking corrective action with respect to a release
of petroleum if, in the fire marshal's judgment, such action is necessary to
protect human health and the environment. Any corrective action undertaken by
the fire marshal or assistant fire marshal under division (A)(3) of this
section shall be consistent with the requirements of sections 9003 and 9005 of
the "Resource Conservation and Recovery Act of 1976," 98 Stat. 3279, 42
U.S.C.A. 6991b, and 98 Stat. 3284, 42 U.S.C.A. 6991e, respectively, as amended,
applicable regulations adopted thereunder, and rules adopted under division (B)
of this section.

(B)
The fire marshal shall adopt, and may amend and rescind, such rules as the fire
marshal considers necessary to establish standards for corrective actions for
suspected and confirmed releases of petroleum and standards for the recovery of
costs incurred for undertaking corrective or enforcement actions with respect
to such releases. The rules also shall include requirements for financial
responsibility for the cost of corrective actions for and compensation of
bodily injury and property damage incurred by third parties that are caused by
releases of petroleum. Rules regarding financial responsibility shall, without
limitation, require responsible persons to provide evidence that the parties
guaranteeing payment of the deductible amount established under division (E) or
(F) of section 3737.91 of the Revised Code are, at a minimum, secondarily
liable for all corrective action and third-party liability costs incurred
within the scope of the deductible amount. The rules shall be consistent with
sections 9003 and 9005 of the "Resource Conservation and Recovery Act of 1976,"
98 Stat. 3279, 42 U.S.C.A. 6991b, and 98 Stat. 3284, 42 U.S.C.A. 6991e,
respectively, as amended, and applicable regulations adopted
thereunder.

(1) No person shall violate or fail to comply with a
rule adopted under division (A) of section 3737.88 of the Revised Code or
division (B) of this section, and no person shall violate or fail to comply
with the terms of any order issued under division (A) of section 3737.88 of the
Revised Code or division (A)(1) of this section.

(2)
Whoever violates division (C)(1) of this section or division (F) of section
3737.881 of the Revised Code shall pay a civil penalty of not more than ten
thousand dollars for each day that the violation continues. The fire marshal
may, by order, assess a civil penalty under this division, or the fire marshal
may request the attorney general to bring a civil action for imposition of the
civil penalty in the court of common pleas of the county in which the violation
occurred. If the fire marshal determines that a responsible person is in
violation of division (C)(1) of this section or division (F) of section
3737.881 of the Revised Code, the fire marshal may request the attorney general
to bring a civil action for appropriate relief, including a temporary
restraining order or preliminary or permanent injunction, in the court of
common pleas of the county in which the underground storage tank or, in the
case of a violation of division (F)(3) of section 3737.881 of the Revised Code,
the training program that is the subject of the violation is located. The court
shall issue a temporary restraining order or an injunction upon a demonstration
that a violation of division (C)(1) of this section or division (F) of section
3737.881 of the Revised Code has occurred or is occurring.

Any action brought by
the attorney general under this division is a civil action, governed by the
Rules of Civil Procedure and other rules of practice and procedure applicable
to civil actions.

Nothing in section 3737.883 of the Revised Code limits the
powers of the fire marshal or the attorney general under this
division.

(D)
Orders issued under division (A) of section 3737.88 of the Revised Code and
divisions (A)(1) and (C) of this section, and appeals thereof, are subject to
and governed by Chapter 3745. of the Revised Code. Such orders shall be issued
without the necessity for issuance of a proposed action under that chapter. For
purposes of appeals of any such orders, the term "director" as used in Chapter
3745. of the Revised Code includes the fire marshal and an assistant fire
marshal.

(E) Any restrictions on the use of real property for
the purpose of the achievement by an owner or operator of applicable standards
pursuant to rules adopted under division (B) of this section shall be contained
in a deed or in another instrument that is signed and acknowledged by the
property owner in the same manner as a deed or an environmental covenant that
is entered into in accordance with sections 5301.80 to 5301.92 of the Revised
Code. The deed, other instrument containing the restrictions, or environmental
covenant shall be filed and recorded in the office of the county recorder of
the county in which the property is located. Pursuant to Chapter 5309. of the
Revised Code, if the use restrictions or environmental covenant are connected
with registered land, as defined in section 5309.01 of the Revised Code, the
restrictions or environmental covenant shall be entered as a memorial on the
page of the register where the title of the owner is registered.

(F)
Any restrictions on the use of real property for the purpose of the achievement
by a person that is not a responsible person, or by a person undertaking a
voluntary action of applicable standards pursuant to rules adopted under
division (B) of this section shall be contained in an environmental covenant
that is entered into in accordance with sections 5301.80 to 5301.92 of the
Revised Code. The environmental covenant shall be filed and recorded in the
office of the county recorder of the county in which the property is located.
Pursuant to Chapter 5309. of the Revised Code, if the environmental covenant is
connected with registered land, as defined in section 5309.01 of the Revised
Code, the environmental covenant shall be entered as a memorial on the page of
the register where the title of the owner is registered.

(A) As used in this section, "political subdivision" has
the same meaning as in section 2744.01 of the Revised Code, but includes a
community improvement corporation as that term is defined in section 1724.01 of
the Revised Code.

(b) The release has not
received a no-further-action determination from the state fire marshal.

(c) The site of the release
is located within the political subdivision's territorial boundaries.

(d) The responsible person is
not identifiable or the state fire marshal determines that an identified
responsible person is unable to pay the costs of the action to be taken by the
political subdivision.

(C) The state fire marshal or the state fire marshal's
designee shall administer an underground storage tank revolving loan program
under which the state fire marshal issues loans to assist with the costs of
actions taken under divisions (B)(1) and (2) of this section. The state fire
marshal shall issue a loan under the program to a political subdivision that
meets the application requirements of division (D) of this section and agrees
to written terms and conditions of the loan with the state fire marshal.

(D) A political subdivision
shall apply to the state fire marshal for a loan under this section on a form
prescribed by the state fire marshal. In the application, the political
subdivision shall do all of the following:

(3) Explain how the political
subdivision plans to spend, of its own funds, in undertaking the action for
which the loan is requested, an amount equal to at least five per cent of the
requested loan amount;

(4) Provide any other information requested by the state
fire marshal.

(E) The state fire marshal shall consult with the director
of development services before issuing any loan under this section.

(F) A loan issued under this
section shall not carry interest. No loan issued under this section shall have
a term of more than ten years. The political subdivision shall repay a loan
issued under this section to the state fire marshal.

(G) If, at any time after the expenditure of loan funds by
a political subdivision under division (B)(2) of this section, the state fire
marshal or any law enforcement agency identifies the responsible person or
determines, for any reason, that the previously identified responsible person
was or is able to pay the costs of the action for which the loan was issued,
the political subdivision may bring any appropriate proceedings against the
responsible person to recover the costs incurred by the political subdivision.
The proceedings may be brought in either the court of common pleas having
jurisdiction where the underground storage tank is located or the court of
common pleas of Franklin county.

(1) The state fire marshal shall adopt and may amend and
rescind rules as necessary for the administration and operation of the
underground storage tank revolving loan program. The rules may do any of the
following:

(a) Further define the
entities considered "political subdivisions" eligible to receive loans;

(c) Establish criteria for awarding loans, loan amounts,
loan payment terms, and permissible expenditures of loan funds, including
methods that the state fire marshal may use to verify the proper use of loan
funds or to obtain reimbursement for or the return of improperly used loan
funds.

(2) The state fire marshal may adopt and may amend and
rescind rules for the issuance of emergency underground storage tank revolving
loans to qualifying entities during a natural disaster or another similar event
as defined in the rules.

On receipt of a notice pursuant to section
3123.43 of the Revised Code, the
state fire marshal shall comply with sections
3123.41 to
3123.50 of the Revised Code and
any applicable rules adopted under section
3123.63 of the Revised Code with
respect to a certificate issued pursuant to section
3737.34,
3737.65,
3737.83, or
3737.881 of the Revised Code.

(A) Except
when a responsible person can prove that a release of petroleum was caused
solely by any one or a combination of an act of God, an act of war, or an act
or omission of a third party without regard to whether any such act or omission
was or was not negligent, a responsible person, notwithstanding any other
provision of the Revised Code or common law of this state, is strictly liable
to the state for any costs incurred for any corrective or enforcement action
undertaken by the fire marshal under section
3737.882 of the Revised Code and
for any costs incurred for any enforcement action undertaken by the attorney
general under this section or section
3737.882 of the Revised Code with
respect to a release of petroleum.

The attorney general, upon the request of the fire marshal,
shall bring a civil action to recover those costs in the court of common pleas
of the county in which the corrective or enforcement action was undertaken.

(B) If a responsible
person alleges that a release of petroleum was caused solely by an act or
omission of a third party or was caused solely by such an act or omission in
combination with an act of God or an act of war, the responsible person shall
pay to the state the cost of any corrective or enforcement action undertaken by
the fire marshal under section
3737.882 of the Revised Code and
any enforcement action undertaken by the attorney general under this section or
section 3737.882 of the Revised Code with
respect to the release and is entitled by subrogation to all rights of the
state to recover those costs from the third party under division (C) of this
section. The attorney general, upon the request of the fire marshal, shall
bring a civil action to recover payment from the responsible party for those
costs in the court of common pleas of the county in which the corrective or
enforcement action was undertaken.

(C) If the responsible person proves that a release of
petroleum was caused solely by an act or omission of a third party or by such
an act or omission in combination with an act of God or an act of war, the
third party, notwithstanding any other provision of the Revised Code or common
law of this state, is strictly liable to the state for any costs incurred for
any corrective or enforcement action undertaken by the fire marshal under
section 3737.882 of the Revised Code and
for any enforcement action undertaken by the attorney general under this
section or section
3737.882 of the Revised Code with
respect to the release. The attorney general, upon the request of the fire
marshal or any person entitled by subrogation to the rights of the state under
division (B) of this section, may bring a civil action to recover those costs
in the court of common pleas of the county in which the corrective or
enforcement action was undertaken.

(D) No indemnification, hold harmless, or similar
agreement or conveyance shall be effective to transfer from the responsible
person, or from any other person who may be liable under division (C) of this
section, to another person the liability imposed by this section. Nothing in
this division bars either of the following:

(1) Any agreement to insure, hold harmless,
or indemnify a party to such an agreement for any liability under this section;

(2) A cause of action that any
person has or would have against any other person by reason of subrogation or
otherwise.

(E) Nothing
in this section limits the duty of a responsible person under section
3737.882 of the Revised Code and
rules adopted under it to notify the fire marshal and to take action with
respect to a release of petroleum.

(F) Nothing in this section limits the right of the
federal government to recover from the responsible person any federal money
expended for any corrective or enforcement action as a result of a release of
petroleum.

(A) There is
hereby created the petroleum underground storage tank release compensation
board consisting of the treasurer of state and the directors of commerce and
environmental protection as members ex officio, or their designees, and nine
members to be appointed by the governor with the advice and consent of the
senate. No more than five of the appointed members shall be affiliated with the
same political party. Of the appointed members, one shall represent the
interests of petroleum refiners, one shall represent the interests of petroleum
marketers, one shall represent the interests of retail petroleum dealers, one
shall represent the interests of local governments, one shall have experience
in casualty and fire or pollution liability insurance, two shall represent the
interests of businesses that own petroleum underground storage tanks and are
not primarily engaged in the sale of petroleum, and two shall be professional
engineers registered under Chapter 4733. of the Revised Code with experience in
geology or environmental engineering who shall represent the interests of the
public and shall not be associated with the petroleum industry.

Of the initial appointments to the board, three shall be for a
term ending July 11, 1990, three shall be for a term ending July 11, 1991, and
three shall be for a term ending July 11, 1992. Thereafter, terms of office
shall be for three years, with each term ending on the same day of the same
month as did the term that it succeeds. Each member shall hold office from the
date of his appointment until the end of the term for which he was appointed.
Members may be reappointed. Vacancies shall be filled in the manner provided
for original appointments. Any member appointed to fill a vacancy occurring
prior to the expiration date of the term for which his predecessor was
appointed shall hold office as a member for the remainder of that term. A
member shall continue in office subsequent to the expiration date of his term
until his successor takes office or until a period of sixty days has elapsed,
whichever occurs first. Appointed members of the board shall be compensated on
a per diem basis in accordance with division (J) of section
124.15 of the Revised Code for each
day of actual attendance at meetings of the board. Members shall receive their
actual and necessary expenses incurred in the performance of their duties as
members of the board.

The petroleum underground storage tank release compensation
board is a body both corporate and politic in this state, and the carrying out
of its purposes and the exercise by it of the powers conferred by sections
3737.90 to
3737.98 of the Revised Code shall
be held to be, and are hereby determined to be, essential governmental
functions and public purposes of the state.

Each appointed member of the board shall give a surety bond to
the state in the penal sum of not less than twenty-five thousand dollars as
determined by the board. The chairman of the board shall give a bond in the
penal sum of not less than fifty thousand dollars as determined by the board.
Each surety bond shall be conditioned upon the faithful performance of the
duties of the office, be executed by a surety company authorized to transact
business in this state, be approved by the governor, and be filed in the office
of the secretary of state. The surety bonds shall be given at such time as is
established by the board, provided that they shall be given prior to the
issuance of any revenue bonds by the board under sections 3737.90 to
3737.948 of the Revised Code.

The board shall meet at least quarterly and shall hold such
additional meetings as are necessary to implement and administer sections
3737.90 to
3737.98 of the Revised Code.
Additional meetings may be called in accordance with rules adopted under this
section. The board shall annually select from among its members a chairman and
a vice-chairman.

A majority of the members of the board constitutes a quorum for
the transaction of any business of the board.

(1) In accordance with Chapter 119. of the
Revised Code, adopt, amend, and rescind rules establishing procedures for
calling special meetings of the board;

(2) In accordance with Chapter 119. of the
Revised Code, adopt, amend, and rescind such other rules as are necessary or
appropriate to implement and administer sections 3737.90 to
3737.98 of the Revised Code,
including, without limitation, rules for the administration of the petroleum
underground storage tank linked deposit program established under sections
3737.95 to
3737.98 of the Revised Code; rules
establishing priorities for the payment of claims under section
3737.92 of the Revised Code on the
petroleum underground storage tank financial assurance fund created in section
3737.91 of the Revised Code based
upon a consideration of the date that a claim is originally filed and the
threat posed to human health and the environment by the release to which the
claim applies; and rules providing for the payment of any such claims in
installments, when appropriate. The rules adopted under division (B)(2) of this
section shall be consistent with section 9003 of the "Resource Conservation and
Recovery Act of 1976," 98 Stat. 3279,
42 U.S.C.A.
6991b, as amended, and regulations adopted
under it.

(3) Employ and fix the
compensation of the director of the petroleum underground storage tank
financial assurance fund and such other personnel as are necessary to implement
and administer sections 3737.90 to
3737.98 of the Revised Code and
rules adopted under them. The board may designate positions in the unclassified
civil service for which it may employ persons who shall be eligible for
membership in the public employees retirement system under Chapter 145. of the
Revised Code and who shall not be subject to Chapter 4117. of the Revised Code.

(4) Enter into contracts or
agreements for the purposes of sections 3737.90 to
3737.98 of the Revised Code,
including, without limitation, a contract for administration of the petroleum
underground storage tank financial assurance fund by an agent;

(5) Sue or be sued in its own name in actions
arising out of any act or omission in connection with its business or affairs
under sections 3737.90 to
3737.98 of the Revised Code;

(6) Issue revenue bonds payable
solely from revenues as provided in sections
3737.94 to
3737.948 of the Revised Code for
the purpose of funding the petroleum underground storage tank financial
assurance fund to preserve jobs and employment opportunities in the state and
to control water pollution and ensure the viability of ground water in the
state by reimbursements to responsible persons for improving property damaged
by releases of petroleum;

(7)
Establish by rule the maximum percentage of the petroleum underground storage
tank financial assurance fund that may be used to make petroleum underground
storage tank linked deposits under sections
3737.95 to
3737.98 of the Revised Code.

(C) Section
9.86 of the
Revised Code applies to the petroleum underground storage tank release
compensation board and to any officer or employee of the board, as "officer"
and "employee" are defined in section
109.36 of the Revised Code.

(D) The board, in the conduct of
its functions and duties, is not subject to the regulation of the
superintendent of insurance under Title XXXIX [39] of the Revised Code nor any
rules of the department of insurance adopted thereunder.

(A) There is
hereby created the petroleum underground storage tank financial assurance fund,
which shall be in the custody of the treasurer of state, but is not a part of
the state treasury. The fund shall consist of moneys from the following
sources:

(1) All fees collected under
divisions (B) and (F) of this section and all supplemental fees collected under
division (C) of this section;

(4) The
proceeds of revenue bonds issued under sections
3737.90 to
3737.948 of the Revised Code,
provided that upon resolution of the petroleum underground storage tank release
compensation board created in section
3737.90 of the Revised Code, all
or part of those proceeds may be deposited into a separate account of the fund.
Chapters 131. and 135. of the Revised Code do not apply to the establishment,
deposit, investment, application, and safeguard of any such account and moneys
in any such account.

(B) For the purposes of paying the costs of
implementing and administering this section and sections
3737.90 and
3737.92 of the Revised Code and
rules adopted under them; payment or reimbursement of corrective action costs
under section
3737.92 of the Revised Code;
compensating third parties for bodily injury or property damage under that
section; and payment of principal and interest on revenue bonds issued under
sections 3737.90 to
3737.948 of the Revised Code to
raise capital for the fund, there is hereby assessed an annual petroleum
underground storage tank financial assurance fee on each tank comprising an
underground storage tank or an underground storage tank system that contains or
has contained petroleum and for which a responsible person is required to
demonstrate financial responsibility by rules adopted by the fire marshal under
division (B) of section
3737.882 of the Revised Code. The
fee assessed by this division shall be paid to the board by a responsible
person for each tank that is subject to the fee. The fee shall be paid not
later than the first day of July of each year, except that in 1989 the fee
shall be paid by either the first day of September or ninety days after July
11, 1989, whichever is later. The fee is in addition to any fee established by
the fire marshal under section
3737.88 of the Revised Code.

The amount of the annual fee due in 1989 and 1990 is one
hundred fifty dollars per tank per year. In 1991 and subsequent years the board
shall establish the amount of the annual fee in accordance with this division.
Not later than the first day of April of 1991 and each subsequent year, the
board, in consultation with the administrative agent of the fund with whom the
board has entered into a contract under division (B)(3) of section
3737.90 of the Revised Code, if
any, shall determine the amount of the annual fee to be assessed in that year
and shall adopt rules in accordance with Chapter 119. of the Revised Code to
establish the fee at that amount. The fee shall be established at an amount
calculated to maintain the continued financial soundness of the fund, provided
that if the unobligated balance of the fund exceeds forty-five million dollars
on the date that an annual determination is made, the board may assess a fee in
the year to which the determination applies only to the extent required in or
by, or necessary to comply with covenants or other requirements in, revenue
bonds issued under sections
3737.90 to
3737.948 of the Revised Code or in
proceedings or other covenants or agreements related to such bonds. Not later
than the first day of May of 1991 and each subsequent year, the board shall
notify each responsible person by certified mail of the amount of the annual
fee per tank due in that year. As used in this paragraph, "proceedings" has the
same meaning as in section
133.01 of the Revised Code.

If a responsible person is both the owner and operator of a
tank, the responsible person shall pay any annual fee assessed under this
division in compliance with this division and the rules adopted thereunder. If
the owner of the tank and the operator of the tank are not the same person, any
annual fee assessed under this division in compliance with this division and
the rules adopted thereunder shall be paid by one of the responsible persons;
however, all such responsible persons are liable for noncompliance with this
division.

(C) As necessary
to maintain the financial soundness of the fund, the board, by rules adopted in
accordance with Chapter 119. of the Revised Code, may at any time assess a
supplemental petroleum underground storage tank financial assurance fee on
tanks subject to the fee assessed under division (B) or (F) of this section in
any fiscal year in which the board finds that the unobligated balance in the
fund is less than fifteen million dollars. The board, in consultation with the
fund's administrative agent, if any, shall establish the amount of the
supplemental fee at an amount that will ensure an unobligated balance in the
fund of at least fifteen million dollars at the end of the fiscal year in which
the supplemental fee is assessed. Not less than thirty days before the date on
which payment of the supplemental fee is due under the board's rules, the board
shall notify each responsible person by certified mail of the amount of the
supplemental fee and the date on which payment of the supplemental fee to the
board is due.

If a responsible person is both the owner and operator of a
tank, the responsible person shall pay any supplemental fee assessed under this
division in compliance with this division and the rules adopted thereunder. If
the owner of the tank and the operator of the tank are not the same person, any
supplemental fee assessed under this division in compliance with this division
and the rules adopted thereunder shall be paid by one of the responsible
persons; however, all such responsible persons are liable for noncompliance
with this division.

(b)
Demonstrated to the board financial responsibility in compliance with the rules
adopted by the fire marshal under division (B) of section
3737.882 of the Revised Code for
the deductible amount established under division (E) of this section or, when
appropriate, the reduced deductible amount established under division (F) of
this section. If the responsible person utilizes self-insurance as a financial
responsibility mechanism, the responsible person shall provide the board with
an affidavit in which the responsible party certifies that all documentation
submitted to the board is true and accurate;

(c) Certified to the board that for each
petroleum underground storage tank system for which a certificate of coverage
is sought, the responsible person is in compliance with applicable rules for
petroleum underground storage tank systems that have been adopted by the fire
marshal under section
3737.88 of the Revised Code.

The certificate of coverage shall state the amount of coverage
to which the responsible person is entitled from the fund pursuant to division
(D)(3) of this section and the time period for which the certificate provides
that coverage. An issued certificate of coverage is subject to the condition
that the holder timely pay any supplemental fee assessed under division (C) of
this section during the time that the certificate is in effect.

(2) The board
shall not issue a certificate of coverage to any responsible person who fails
to comply with divisions (D)(1)(a), (b), and (c) of this section.

(3) The maximum disbursement from the fund
for any single release of petroleum is the difference between the deductible
amount established under division (E) of this section or, when appropriate, the
reduced deductible amount established under division (F) of this section and
one million dollars. The maximum disbursement from the fund during any fiscal
year on behalf of any responsible person shall not exceed in the aggregate one
million dollars less the deductible amount if the responsible person owns or
operates not more than one hundred tanks comprising underground petroleum
storage tanks or underground petroleum storage tank systems, shall not exceed
in the aggregate two million dollars less the deductible amount if the
responsible person owns or operates not more than two hundred such tanks, shall
not exceed in the aggregate three million dollars less the deductible amount if
the responsible person owns or operates not more than three hundred such tanks,
and shall not exceed in the aggregate four million dollars less the deductible
amount if the responsible person owns or operates more than three hundred such
tanks. The maximum disbursement from the fund for any single release or for any
fiscal year under this division does not in any manner limit the liability of a
responsible person for a release of petroleum.

(1) Except as
otherwise provided in division (F) of this section, no responsible person is
eligible to receive moneys from the fund under section
3737.92 of the Revised Code until
the responsible person demonstrates to the board financial responsibility for
the first fifty thousand dollars of the cost for corrective action for, and
compensating third parties for bodily injury and property damage caused by,
accidental releases of petroleum from an underground storage tank owned or
operated by the responsible party. The fifty thousand dollar amount is the
deductible amount for the purposes of this section and section
3737.92 of the Revised Code.

(2) The board, in consultation
with the fund's administrative agent, if any, may, by rules adopted in
accordance with Chapter 119. of the Revised Code, establish for any fiscal year
a deductible amount that differs from fifty thousand dollars. The deductible
amount established by the board shall be such an amount as to maintain the
financial soundness of the fund. Any action of the board to establish a
differing deductible amount or to alter a deductible amount previously
established by it shall be taken concurrently with the establishment under
division (B) of this section of the annual fee due on the first day of the
fiscal year in which the deductible amount will apply. If the deductible amount
established under this division differs from that in effect at the time of the
board's action, the board shall notify each responsible person of the change by
certified mail not later than the first day of May preceding the effective date
of the change.

(1) Any responsible person owning, or owning
or operating, a total of six or fewer petroleum underground storage tanks may
elect in calendar years 1989 and 1990 to pay twice the amount of the per tank
annual fee for each tank assessed under division (B) of this section in order
to reduce the amount of the deductible established in division (E) of this
section to the total amount of ten thousand dollars. The election shall be
available only at the time of the payment of the annual fee and any
supplemental fee. The election shall not be retroactively applied.

(2) Any responsible person owning, or owning
or operating, a total of six or fewer petroleum underground storage tanks may
elect in calendar year 1991 and in each subsequent year to pay an additional
fee at an amount established by the board in addition to the per tank annual
fee assessed under division (B) of this section in order to reduce the
deductible amount established under division (E) of this section. In calendar
year 1991 and in each subsequent year, the board shall establish the amount of
the additional fee and the reduced deductible amount. In determining the amount
of the additional fee and the reduced deductible amount, the board shall take
into consideration the effect of the additional claims paid under section
3737.92 of the Revised Code to
responsible persons making an election under division (F)(2) of this section
and balance that consideration with such factors as the availability of
liability insurance, the difficulty of proving financial responsibility
pursuant to the rules adopted by the fire marshal under division (B) of section
3737.882 of the Revised Code, and
the hardship created on small owners and operators of petroleum underground
storage tanks by an increase in either the additional fee or the reduced
deductible amount.

(3) Any
responsible person owning, or owning or operating, a total of six or fewer
petroleum underground storage tanks who elects to pay the additional fee under
divisions (F)(1) and (2) of this section shall pay any per tank supplemental
fee assessed under division (C) of this section.

(G) If the director of the fund determines
that a responsible person has failed to comply with division (B), (C), or (F)
of this section, the director of the fund shall notify each responsible person
for the petroleum underground storage tank of the noncompliance. If, within
thirty days after the notification, the responsible person fails to pay the
applicable fee or any fee previously assessed upon the responsible person under
this section, the director of the fund shall issue an order requiring the
responsible person to pay all of the fees the responsible person owes to the
fund and an additional late payment fee in the amount of one thousand dollars
to the fund.

If a responsible person fails to comply with any order of the
director of the fund within thirty days after the issuance of the order, the
director shall notify the fire marshal of that noncompliance. Upon the request
of the director of the fund, the attorney general may bring a civil action for
appropriate relief, including a temporary restraining order or preliminary or
permanent injunction, in the court of common pleas of the county in which the
petroleum underground storage tank that is the subject of the order is located.
The court shall issue an injunction upon a demonstration that a failure to
comply with the director's order has occurred or is occurring.

Any orders issued by the director of the fund under this
division may be appealed by the responsible person under division (F) of
section 3737.92 of the Revised Code. For
the purpose of an appeal of any order of the director of the fund,
"determination" as used in that division includes any order of the director of
the fund. The filing of a notice of appeal under this division does not operate
as a stay of any order of the director of the fund.

(A) The
petroleum underground storage tank release compensation board created in
section 3737.90 of the Revised Code shall
use moneys in the petroleum underground storage tank financial assurance fund
established in section
3737.91 of the Revised Code
exclusively for the following purposes:

(3) Payment to or
reimbursement of responsible persons for the necessary cost of corrective
action for and compensating third parties for bodily injury and property damage
caused by accidental releases of petroleum in accordance with this section,
provided that proceeds from the issuance of revenue bonds under sections
3737.90 to
3737.948 of the Revised Code may
only be used for the payment to or reimbursement of responsible persons for the
necessary costs of corrective action for improving property damaged by
accidental releases of petroleum in accordance with this section;

(4) Deposit into any funds provided for in a
resolution or resolutions of the board in connection with any revenue bonds
issued under sections
3737.90 to
3737.948 of the Revised Code;

(B) A responsible
person seeking to obtain from the fund payment of or reimbursement for
corrective action costs for an accidental release of petroleum shall submit a
claim to the board in accordance with and containing the information required
by rules adopted by the board in accordance with Chapter 119. of the Revised
Code. Before authorizing any disbursement from the fund to pay all or any
portion of a claim submitted under this division, the director of the fund
shall first determine that the claim meets all of the following criteria:

(1) The responsible person is eligible under
division (D) of this section to receive payment of or reimbursement for the
corrective action costs from the fund;

(2) The corrective action performed or to be
performed has been authorized by the fire marshal under section
3737.882 of the Revised Code and
rules adopted under that section;

(3) The costs of performing the corrective
action are necessary to comply with the rules of the fire marshal adopted under
sections 3737.88 and
3737.882 of the Revised Code
governing corrective actions.

(C) A responsible person seeking to obtain from the
fund payment of or reimbursement for compensation paid or to be paid to third
parties for bodily injury or property damage caused by an accidental release of
petroleum shall submit a claim to the board in accordance with and containing
the information required by rules adopted by the board in accordance with
Chapter 119. of the Revised Code. Before authorizing any disbursement from the
fund to pay all or any portion of a claim submitted under this division, the
director of the fund shall first determine that the claim meets both of the
following criteria:

(1) The responsible
person who submitted the claim is eligible under division (D) of this section
to receive payment of or reimbursement for the third-party compensation from
the fund;

(2) There is a legally
enforceable judgment against the responsible person for bodily injury or
property damage to one or more third parties resulting from the release in the
amount stated in the claim, or, if there is a settlement with a third party as
a result of the release, the amount of the settlement stated in the claim is
reasonable.

(D) A
responsible person is not eligible to receive payment or reimbursement from the
fund under division (B) or (C) of this section unless all of the following
conditions are met:

(1) At the time that the
release was first suspected or confirmed, a responsible person possessed a
valid certificate of coverage issued by the board under division (D) of section
3737.91 of the Revised Code for
the petroleum underground storage tank system from which the release occurred;

(a) The petroleum underground storage tank
system from which the release occurred was registered in compliance with rules
adopted by the fire marshal under section
3737.88 of the Revised Code when
the occurrence of the release was first suspected or confirmed;

(b) The fire marshal has recommended that
payment or reimbursement be made because good cause existed for the responsible
person's failure to have so registered the petroleum underground storage tank
system, and the responsible person has registered the petroleum underground
storage tank system with the fire marshal and paid all back registration fees
payable under those rules for registration of the system from the time the
responsible person should have, but failed to register the system.

(3) The fire marshal has
determined that, when the claim was filed, a responsible person was in
compliance with all orders issued under sections
3737.88 and
3737.882 of the Revised Code
regarding the petroleum underground storage tank system from which the release
occurred;

(4) A responsible person
demonstrates financial responsibility for the deductible amount applicable
under section
3737.91 of the Revised Code for
the petroleum underground storage tank system from which the release has
occurred;

(5) The responsible
person has not falsified any attestation contained on a registration
application required by rules adopted under section
3737.88 of the Revised Code;

(6) The petroleum underground
storage tank system from which the release occurred was in compliance with
rules, other than rules regarding registration, adopted by the fire marshal
under section
3737.88 of the Revised Code when
the occurrence of the release was first suspected or confirmed.

(E) The director of the
fund may make a determination to approve or disapprove a claim and to authorize
a disbursement from the fund for payment of an approved claim administratively
without a hearing. If the director of the fund makes a determination regarding
a claim that is inconsistent with a recommendation or determination of the fire
marshal for purposes of division (B)(2) or (3) or (D)(2), (3), or (5) of this
section, the director shall detail those inconsistencies in a written finding
of fact before authorizing any disbursement from the fund for payment of the
claim. Upon making a determination of a claim under this section, the director
of the fund shall provide written notice of the determination and a copy of any
written finding of fact accompanying the determination to the responsible
person who submitted the claim and to the fire marshal.

(F) If the responsible person who submitted a claim
under this section or the fire marshal objects to the determination of the
claim made by the director of the fund and files an objection to the
determination with the board within thirty days after the mailing of the
notification of the determination and finding of fact, if any, the board shall
appoint a referee to conduct an adjudication hearing on the determination. The
adjudication hearing shall be conducted in accordance with section
119.09 of the Revised Code. For the
purposes of adjudication hearings on determinations of the director of the
fund, the term "agency" as used in that section includes the board.

If any party is aggrieved by an order of the board made after
the adjudication hearing on the determination, the party may appeal the order
in accordance with section
119.12 of the Revised Code. For the
purposes of appeals of any such orders, the terms "fire marshal" and "building"
as used in that section include the board and petroleum underground storage
tank, respectively.

(G)
Neither the state, the board, nor the director of the fund is liable to any
responsible person to pay the cost of any corrective action or of third party
compensation for a release of petroleum when the fund is depleted of moneys
because the amount of the claims made on the fund exceeds the unobligated
balance in the fund. However, upon assessing and collecting a supplemental fee
under division (C) of section
3737.91 of the Revised Code, the
board shall again consider the claim of a responsible person whose claim was
not initially honored because of the insufficiency of unobligated balances in
the fund to pay that person's claim.

The inability of a responsible person to obtain money from the
fund does not in any manner limit the liability of a responsible person for a
release of petroleum.

(H)
Neither the right to apply for payment or reimbursement nor the receipt of
payment or reimbursement under this section limits the liability of any
responsible person to the state for the payment of any corrective action or
enforcement costs under sections
3737.882 and
3737.89 of the Revised Code, or to
any third party for bodily injury or property damage, resulting from a release
of petroleum from an underground storage tank system owned or operated by the
responsible person. Neither the right to apply for payment or reimbursement
under this section nor any delay by the board or director of the fund in acting
upon any claim for any such payment or reimbursement limits or postpones the
duty of any responsible person to comply with any order of the fire marshal
issued under section
3737.88 or
3737.882 of the Revised Code.

(I) The board, upon payment to or
reimbursement of a responsible person from the fund for corrective action costs
or the cost of compensation to third parties for bodily injury or property
damage, is entitled by subrogation to all rights of the responsible person to
recover those costs from any other person. The attorney general, upon the
request of the board, may bring a civil action to recover those costs in the
court of common pleas of the county in which the release of petroleum occurred.

(J) Nothing in this section
limits the right of the federal government to recover from the responsible
person any federal money expended for any corrective or enforcement action as a
result of a release of petroleum.

(K) If the responsible person described in division
(D) of this section is a state agency, any payments or reimbursements received
by the state agency under this section shall be deposited into the fund from
which the expenditures for the corrective action or third party compensation
originally were made.

During the period commencing ninety days after the effective
date of this section and ending on January 1, 1991, a person who transfers
title to petroleum that is placed by the person directly into an underground
storage tank of the transferee shall provide written notice to the transferee
of the requirements for the registration of underground storage tanks
established by rules adopted under sections
3737.88 and
3737.882 of the Revised Code.

(A) It is
hereby declared to be the public policy of the state through the operations of
the petroleum underground storage tank release compensation board under
sections 3737.90 to
3737.948 of the Revised Code to
contribute toward one or more of the following: to preserve and protect the
water resources of the state and to prevent, abate, or control the pollution of
water resources, particularly ground water, for the protection and preservation
of the public health, safety, convenience, and welfare, to assist in the
financing of repair and replacement of petroleum underground storage tanks and
to improve property damaged by any petroleum releases from those tanks, and to
preserve jobs and employment opportunities or improve the economic welfare of
the people of the state. In furtherance of that public policy and pursuant to
Section 13 of Article VIII, Ohio Constitution, the petroleum underground
storage tank release compensation board may determine the amount of
reimbursement to responsible persons for costs necessary to improve property
damaged by accidental releases of petroleum and to have been incurred in
anticipation of reimbursement by the board and may issue revenue bonds payable
solely from revenues of the board to pay the costs incurred by the responsible
person for improving the property. Determination by the board that the amount
of reimbursement is or was necessary to improve property so damaged and was
incurred in anticipation of reimbursement by the board shall be conclusive for
the purposes of issuance of revenue bonds.

(B) The board may, from time to time, issue revenue
bonds of the state in such principal amount as determined by the board to be
necessary to implement division (A) of this section. Determination by the board
that the issuance of revenue bonds is necessary to implement division (A) of
this section shall be conclusive. Every issue of bonds shall be special
obligations of the board payable solely from premiums, charges, and fees
collected by or on behalf of the board from responsible persons and by
resolution of the board pledged for such payment, without preference or
priority of the first bonds issued, subject only to any agreements with the
holders of particular bonds pledging any particular revenues. Such a pledge is
valid and binding from the time the pledge is made, and the revenues so pledged
and thereafter received by the board are immediately subject to the lien of the
pledge without any physical delivery thereof or further act. The lien of any
such pledge is valid and binding as against all parties having claims of any
kind in tort, contract, or otherwise against the board, irrespective of whether
the parties have notice thereof. Neither the resolution nor any trust agreement
by which a pledge is created need be filed or recorded except in the records of
the board. Premiums, charges, and fees received by the board and pledged in
accordance with this division shall be expended or set aside as may be provided
in the resolution or trust agreement securing the revenue bonds in such funds
and in such manner as may be provided in the resolution or trust agreement.

(C) Whether or not the bonds are
of such form and character as to be negotiable instruments, the bonds shall
have all the qualities and incidents of negotiable instruments, subject only to
the provisions of the bonds for registration as provided in division (D) of
this section.

(D) The board shall
authorize revenue bonds by resolution. The bonds shall bear such date or dates
and shall mature at such time or times not exceeding forty years from the date
of issue as the resolution or resolutions provide. The bonds shall bear
interest at such rate or rates, which may be a variable rate or rates and may
contain a maximum rate, be in such denominations, be in such form, either
coupon or registered, carry such registration privileges, be payable in such
medium of payment, at such place or places, and be subject to such terms of
redemption and other terms as the board authorizes. The bonds of the board may
be sold by the board, at public or private sale, at or not less than the price
or prices the board determines. The chairman and vice-chairman of the board
shall execute the bonds, either or both of whom may use a facsimile signature;
the official seal of the board or a facsimile thereof shall be affixed thereto
or printed thereon and attested, manually or by facsimile signature, by the
chairman of the board; and any coupons attached thereto shall bear the
signature or facsimile signature of the chairman of the board. In case any
officer whose signature, or a facsimile of whose signature, appears on any
bonds or coupons ceases to be an officer before delivery of the bonds, the
signature or facsimile remains sufficient for all purposes the same as if he
had remained in office until delivery, and in case the seal of the board has
been changed after a facsimile has been imprinted on such bonds, the facsimile
seal remains sufficient for all purposes.

(E) Any resolution or resolutions authorizing any
bonds or any issue thereof may contain provisions, subject to such agreements
with bondholders as may then exist, which provisions shall be a part of the
contract with the holders thereof, as to the:

(1) Pledging of any payments received and of
any revenues of the board to secure the payment of the revenue bonds or of any
issue thereof;

(8) Procedure, if any, by which the terms of
any contract with bondholders may be amended or abrogated, the amount of bonds
the holders of which must consent thereto, and the manner in which that consent
may be given;

(9) Limitations on
the amount of moneys to be expended by the board for operating, administrative,
or other expenses of the board;

(12) Any other terms of the revenue bonds or
other matters, of like or different character, that in any way affect the
security or protection of the bonds.

(F) The board may appoint paying agents, bond
registrars, authenticating agents, securities depositories, and transfer
agents, retain the services of financial advisers, attorneys, and accounting
experts, and retain or contract for the services of marketing, remarketing,
indexing, and administrative agents, other consultants, and independent
contractors, including printing services, as are necessary in the board's
judgment to carry out sections
3737.90 to
3737.948 of the Revised Code.
Financing costs are payable, as provided in the bond proceedings, from the
proceeds of the obligations or from other moneys available for that purpose.

(G) Neither the members of the
board nor any person executing the bonds is liable personally on the bonds or
is subject to any personal liability or accountability by reason of the
issuance thereof.

The issuance of revenue bonds under sections
3737.90 to
3737.948 of the Revised Code need
not comply with any other law applicable to the issuance of bonds, except
sections
9.96 and
9.97 of the
Revised Code.

(A) The
petroleum underground storage tank release compensation board may secure any
revenue bonds issued under sections
3737.90 to
3737.948 of the Revised Code by a
trust agreement between the board and a corporate trustee, which trustee may be
any trust company or bank having the powers of a trust company within or
without the state.

(2)
Set forth the rights and remedies of the bondholders and of the trustee and
restrict the individual right of action by bondholders as is customary in trust
agreements or trust indentures securing similar bonds;

(3) Contain such other provisions as the
board considers reasonable and proper for the security of the bondholders.

(C) Any trust agreement
or any resolution providing for the issuance of bonds may contain provisions
for protecting and enforcing the rights and remedies of the bondholders as are
reasonable and proper and not in violation of law, including the custody,
safeguarding, and application of all moneys.

(D) All expenses incurred in carrying out the
provisions of any trust agreement may be treated as a part of the cost of the
operation of the petroleum underground storage tank financial assurance fund.

Any holder of revenue bonds issued under sections
3737.90 to
3737.948 of the Revised Code, or
any of the coupons appertaining thereto, and the trustee under any trust
agreement, except to the extent the rights given by those sections may be
restricted by the applicable resolution or a trust agreement, may by suit,
action, mandamus, or other proceedings protect and enforce any rights under the
laws of the state or granted under those sections, the trust agreement, or the
resolution authorizing the issuance of the bonds, and may enforce and compel
the performance of all duties required by those sections, or by the trust
agreement or resolution, to be performed by the petroleum underground storage
tank release compensation board or any officer thereof, provided that no holder
has any right to have the state or the board levy any tax or excises.

Revenue bonds issued under sections
3737.90 to
3737.948 of the Revised Code do
not constitute a debt, or a pledge of the faith and credit, of the state or of
any political subdivision thereof, and the holders thereof have no right to
have taxes levied by the general assembly or the taxing authority of any
political subdivision of the state for the payment of the principal thereof or
interest thereon. The bonds are payable solely from the revenues and funds
pledged for their payment as authorized by those sections. All bonds shall
contain on the face thereof a statement to the effect that the bonds, as to
both principal and interest, are not debts of the state or any political
subdivision thereof, but are payable solely from revenues and funds pledged for
their payment. Pursuant to Section 13 of Article VIII, Ohio Constitution, such
revenue bonds shall not be deemed to be debts or bonded indebtedness of the
state under any other section of Article VIII or Sections 6 and 11 of Article
XII, Ohio Constitution.

All expenses incurred in carrying out sections
3737.90 to
3737.948 of the Revised Code are
payable solely from funds provided under section
3737.91 of the Revised Code. Those
sections do not authorize the petroleum underground storage tank release
compensation board to incur indebtedness or liability on behalf of or payable
by the state or any political subdivision thereof.

Moneys in the funds of the petroleum underground storage tank
release compensation board, except as otherwise provided in any resolution
authorizing the issuance of its revenue bonds or in any trust agreement
securing the same, in excess of current needs, may be invested by the board in
notes, bonds, or other obligations of the United States, or of any agency or
instrumentality thereof, or in obligations of this state or any political
subdivision thereof. Income from all such investments of moneys in any fund
shall be credited to such funds as the board determines, subject to the
provisions of any resolution or trust agreement, and the investments may be
sold as the board determines.

The petroleum underground storage tank release compensation
board may authorize and issue revenue bonds for the refunding of previously
issued revenue bonds for either of the following purposes:

(A) Refunding any revenue bonds previously issued by
the board when the revenue pledged for the payment of those bonds is
insufficient to pay the revenue bonds that have matured or are about to mature
or to maintain reserve or other funds required by the applicable resolution or
trust agreement;

(B) Refunding
any revenue bonds previously issued by the board when the refunding bonds to be
issued will bear interest at a lower rate than the revenue bonds to be refunded
or when the board has determined that it is reasonably anticipated that the
interest cost of the refunding bonds will be less than the interest cost of the
revenue bonds to be refunded. Such a determination by the board shall be
conclusive.

The terms of issuance and sale of refunding bonds issued under
this section shall be the same as provided in sections
3737.90 to
3737.948 of the Revised Code for
any other revenue bonds. Refunding bonds issued under this section shall be
deemed to be issued for those purposes for which prior revenue bonds were
issued under those sections and may be issued in amounts sufficient for
retirement of previously issued revenue bonds, for establishment of reserves as
required by the refunding bonds or the resolution authorizing or the trust
agreement securing the refunding bonds, and for payment of any fees and
expenses incurred or to be incurred in connection with that issuance and
refunding.

All revenue bonds issued under sections
3737.90 to
3737.948 of the Revised Code are
lawful investments of banks, societies for savings, savings and loan
associations, trust companies, trustees, fiduciaries, insurance companies,
including domestic for life and domestic not for life, trustees or other
officers having charge of sinking and bond retirement or other special funds of
political subdivisions and taxing districts of this state, the commissioners of
the sinking fund of the state, the administrator of workers' compensation, the
state teachers retirement system, the public employees retirement system, the
school employees retirement system, and the Ohio police and fire pension fund,
and are acceptable as security for the deposit of public moneys.

The exercise of the powers granted by sections
3737.90 to 3737.948 of the Revised
Code shall be in all respects for the benefit of the people of the state, for
the improvement of their health, safety, convenience, and welfare, and for the
enhancement of their residential, agricultural, recreational, economic,
commercial, and industrial opportunities and is a public purpose. Because the
oversight of corrective actions and victim compensation concerning releases of
petroleum constitutes the performance of essential governmental functions, the
petroleum underground storage tank release compensation board is not required
to pay any taxes upon any property acquired or used by the board under sections
3737.90 to 3737.948 of the Revised
Code, or upon the income therefrom.

The general assembly finds that there exists in the state an
inadequate supply of credit and loan financing at affordable interest rates for
the purpose of replacing or improving petroleum underground storage tanks and
tank systems, which makes it difficult for persons who store petroleum or
petroleum products in petroleum underground storage tanks to continue
operations at present levels in an environmentally sound manner and has an
adverse effect upon the economic welfare of the people of the state. The
petroleum underground storage tank linked deposit program provided for in
sections 3737.95 to
3737.98 of the Revised Code is
intended to provide a statewide availability of lower cost funds for lending to
persons who own six or fewer petroleum underground storage tanks. Accordingly,
it is declared to be the public policy of the state through the petroleum
underground storage tank linked deposit program to encourage the availability
of low-cost funds for the replacement and rehabilitation of tanks and tank
systems and thereby preserve the economy and protect human health and the
environment of the state.

(A) An
eligible lending institution that desires to receive a petroleum underground
storage tank linked deposit shall accept and review applications for loans from
eligible owners. The lending institution shall apply all the usual lending
standards to determine the creditworthiness of each eligible owner.

(B) An eligible owner shall certify on his
loan application that the reduced rate loan will be used exclusively for the
replacement or improvement of petroleum underground storage tanks in compliance
with division (A) of section
3737.88 of the Revised Code.
Whoever knowingly makes a false statement concerning an application is guilty
of the offense of falsification under section
2921.13 of the Revised Code.

(C) In considering which eligible
owners to include in the petroleum underground storage tank linked deposit loan
package for reduced rate loans under division (D) of this section, the eligible
lending institution shall give priority to the economic needs of the area in
which the owners' tanks are located and such other factors as the eligible
lending institution considers appropriate to determine the relative financial
needs of the eligible owners.

(D)
The eligible lending institution shall forward to the petroleum underground
storage tank release compensation board created in section
3737.90 of the Revised Code a
petroleum underground storage tank linked deposit loan package, in the form and
manner prescribed by the board. The package shall include information regarding
the amount of the loan requested and the number of tanks to be replaced by each
eligible owner and any other information required by the board. The institution
shall certify that each applicant is an eligible owner and shall for each
applicant certify the present borrowing rate applicable to each specific
eligible owner.

(A) The
petroleum underground storage tank release compensation board may accept or
reject a petroleum underground storage tank linked deposit loan package or any
portion thereof, based upon the board's evaluation of the eligible owners
included in the package and the amount of funds to be deposited from the
petroleum underground storage tank financial assurance fund created under
section 3737.91 of the Revised Code.

(B) Upon acceptance of the
petroleum underground storage tank linked deposit loan package or any portion
thereof, the board may direct the treasurer of state to place certificates of
deposit from moneys contained in the fund with the eligible lending institution
at a rate below the current market rates determined and calculated by the
treasurer of state. When necessary, the board may direct the treasurer to place
certificates of deposits prior to the acceptance of a petroleum underground
storage tank linked deposit loan package.

(C) The eligible lending institution shall enter into
a petroleum underground storage tank linked deposit agreement with the board
that shall include the requirements necessary to carry out the purposes of
sections 3737.95 to
3737.98 of the Revised Code. The
agreement may include a specification of the period of time during which the
eligible lending institution is to lend funds upon the placement of a linked
deposit and shall include provisions for the certificate of deposit to be
placed for any maturity considered appropriate by the board, not to exceed two
years, and authority for it to be renewed for up to an additional two years at
the option of the board. Interest shall be paid at times determined by the
board.

(A) Upon
placement of a petroleum underground storage tank linked deposit with an
eligible lending institution, the institution shall lend the funds to each
approved eligible owner listed in the petroleum underground storage tank linked
deposit loan package required by division (D) of section
3737.96 of the Revised Code and in
accordance with the linked deposit agreement required by division (C) of
section 3737.97 of the Revised Code. The
loan shall be at a rate below the present borrowing rate determined in the
agreement with the petroleum underground storage tank release compensation
board applicable to each eligible owner. A certificate of compliance with this
section, in the form and manner prescribed by the board, shall be required for
the eligible lending institution. The borrowing rate set by the agreement shall
be uniform and may not be revised during the period of the deposit.

(B) The board shall take any and all steps
necessary to implement the petroleum underground storage tank linked deposit
program and to monitor the compliance of eligible lending institutions and
eligible owners, including the development of guidelines for those purposes as
necessary.

(C) The board and the
fire marshal shall notify owners of petroleum underground storage tanks of the
linked deposit program and its eligibility requirements. Annually, on or before
the first day of February, the board shall report on the petroleum underground
storage tank linked deposit program for the preceding calendar year to the
governor, speaker of the house of representatives, and president of the senate.
The speaker of the house of representatives and president of the senate shall
transmit copies of the report to the chairmen of their respective standing
committees that customarily consider legislation regarding underground storage
tanks and the environment. The report shall set forth the petroleum underground
storage tank linked deposits made by the board during the preceding year and
shall include information regarding the nature, terms, and amounts of loans
upon which the linked deposits were made and the eligible owners to which the
loans were made.

(A) Whoever
violates section
3737.28 of the Revised Code may be
summarily punished, by the officer concerned, by a fine of not more than one
hundred dollars or commitment to the county jail until that person is willing
to comply with the order of such officer.

(B) Except as a violation of section
2923.17 of the Revised Code
involves subject matter covered by the state fire code and except as such a
violation is covered by division (G) of this section, whoever violates division
(A) of section
3737.51 of the Revised Code is
guilty of a misdemeanor of the first degree.

(C) Whoever violates section
3737.61 of the Revised Code is
guilty of a minor misdemeanor.

(D) Whoever violates section
3737.62 or
3737.64 of the Revised Code is
guilty of a misdemeanor of the fourth degree.

(E) Whoever violates section
3737.63 or division (A) or (B) of
section 3737.65 of the Revised Code is
guilty of a misdemeanor of the third degree.

(F) Whoever violates division (C)(3) or (D)(5) of
section 3737.73 of the Revised Code shall
be fined one thousand dollars.

(G) Whoever violates section
3737.66 of the Revised Code is
guilty of a misdemeanor of the first degree.

(H) Whoever knowingly violates division (C) of section
3737.882 of the Revised Code is
guilty of an unclassified felony and shall be fined not more than twenty-five
thousand dollars or imprisoned for not more than fourteen months, or both.
Whoever recklessly violates division (C) of section
3737.882 of the Revised Code is
guilty of a misdemeanor of the first degree.

(I) Whoever knowingly violates division (F)(1), (2),
or (3) of section
3737.881 or section
3737.93 of the Revised Code is
guilty of a misdemeanor of the fourth degree.

(J) Whoever knowingly violates division (B) or (C) of
section 3737.91 of the Revised Code is
guilty of a misdemeanor of the second degree.